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Anonymous users2024-02-071。After an arrest, the public security organs shall conduct an investigation, which generally lasts for 2 months, but may reach up to 7 months (in cases of major difficulties).
2。It may be extended by half a month to the procuratorate for review for prosecution, and may be handed over to the public security organs for supplemental investigation for 2 times, for 1 month each time, but must not be returned for 2 supplemental investigations.
3。Entering the court trial stage is generally one month, which can be extended by half a month, and another month for major difficulties. (The summary procedure will be completed within 20 days.) ）
The above is the first instance procedure.
If one party is dissatisfied with the first instance, it needs to enter the second instance procedure. The second-instance trial is also generally extended for one month, with an extension of half a month, and another month for major difficulties. The final judgment came into force.
So the total minimum time is 4 months, and the maximum is 15 and a half months.
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Anonymous users2024-02-06It is advisable to appoint a lawyer to defend the case.
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Anonymous users2024-02-051. The maximum period of detention by the public security organs is 37 days. The procuratorate shall make a decision on whether or not to arrest within 7 days of submitting a request for approval of arrest, and shall notify the family or unit within 24 hours of the arrest. If the arrest is not approved, the public security organs should immediately release the person or change the coercive measures.
2. The period of investigation and detention after arrest is generally two months, and may be extended by one month with the approval of the procuratorate at a higher level in special circumstances. Of course, there are cases where it can be extended.
3. The Criminal Procedure Law and the Rules of Criminal Procedure of the People's Procuratorate both stipulate that the time limit for the procuratorate to examine and prosecute is one and a half months.
4. People's courts hearing public prosecution cases shall announce the verdict within one month of accepting it, and must not exceed one and a half months at the latest.
Article 69: Where public security organs find it necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
Article 124: The period of investigative detention after arrest of a criminal suspect must not exceed 2 months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.
Article 138: The People's Procuratorate shall make a decision within one month on a case transferred for prosecution by the public security organ, and may extend it by half a month for major or complicated cases.
Article 168:People's courts hearing public prosecution cases shall announce the verdict within one month of accepting it, and must not exceed one and a half months at the latest. In any of the circumstances provided for in article 126 of this Law, an extension of one month may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality.
In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case.
In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.
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