Is there a statute of limitations for criminal judgments? What is the statute of limitations for sen

Updated on society 2024-04-12
4 answers
  1. Anonymous users2024-02-07

    1) The time limit for trial of public prosecution cases.

    People's courts hearing public prosecution cases shall announce the verdict within 2 months of accepting it, and must not exceed 3 months at the latest. In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 156 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval.

    2) Time limit for review.

    People's courts shall complete their review of public prosecution cases tried in accordance with ordinary procedures within 7 days when deciding whether to accept them. In a public prosecution case that the people's procuratorate recommends for trial in accordance with the summary procedures, the review shall be completed within 3 days of deciding whether to accept it.

    The time limit for the people's court to conduct a review of a case that initiates a public prosecution is to be included in the people's court's time limit for trial.

    3) The time limit for trial of cases applying the simplified procedures.

    In cases applying the simplified procedures at trial, the people's courts shall complete trial within 20 days of accepting it; Where a sentence of more than three years imprisonment might be given, it may be extended to one and a half months.

    4) The time limit for trial of private prosecution cases.

    Where the defendant is taken into custody during the time period for a people's court to hear a private prosecution case, the judgment shall be announced within 2 months of acceptance, and must not exceed 3 months at the latest. In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 156 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval. and where they are not detained, the verdict shall be announced within 6 months of acceptance.

    5) The time limit for trial of cases applying the trial supervision procedures.

    In cases where people's courts follow the trial supervision procedures to retry cases, trial shall be completed within 3 months of the date on which the decision to bring to trial or retrial is made, and where it is necessary to extend the time limit, it must not exceed 6 months.

    The people's court accepting the prosecutorial counter-appeal is to follow the trial supervision procedures to try the case of the procuratorial counter-appeal, and the time limit for trial is to apply the provisions of the preceding paragraph; Where it is necessary to order a lower people's court to retry the case, a decision shall be made within one month of accepting the prosecutorial counter-appeal, and the time limit for the lower people's court to hear the case applies the provisions of the preceding paragraph.

    Criminal Procedure Law article 165:In any of the following circumstances during the course of a courtroom trial, where the conduct of the trial is impacted, the trial may be postponed:

    1) The trial cannot be conducted because the parties apply for recusal.

    2) Procurators discover that a case initiated for public prosecution needs to be supplemented with investigation and make recommendations;

    3) It is necessary to notify new witnesses to appear in court, collect new physical evidence, and re-evaluate or conduct an inquest;

    It should be noted that where a party applies for recusal and cannot proceed with the trial, there are two more situations:

    First, it means that the parties' applications are still unable to make a decision on whether to agree to recusal within a short period of time, and the trial activities cannot be carried out;

    Second, it means that the persons applying for recusal of the parties shall be recused, and where it is necessary to replace the personnel, the trial may be extended.

  2. Anonymous users2024-02-06

    Hello, what kind of crime is committed in this way.

  3. Anonymous users2024-02-05

    The time limit for adjudication in the Criminal Procedure Law stipulates that the people's court shall pronounce the verdict within two months of accepting the case, and shall not exceed three months. In cases approved by the people's court at the level above that might give a death sentence or attached civil litigation, an extension of three months may be granted. Article 208 of the Criminal Procedure Law: People's courts hearing public prosecution cases shall announce the verdict within 2 months of accepting the case, and must not exceed 3 months at the latest.

    In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 158 of this Law, upon approval by the people's court at the level above, the burning of Li Sunchang may be extended for three months; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval. In cases where the people's court has changed its 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.

  4. Anonymous users2024-02-04

    In some cases, where the statutory maximum sentence is less than five years and fixed-term reinstatement imprisonment has passed, after five years, where the statutory maximum sentence is between five and ten years imprisonment, and where the statutory maximum sentence is 10 years or more, 15 years have passed.

    Article 87 of the Criminal Law of the People's Republic of China [Statute of Limitations for Prosecution] Crimes are not to be prosecuted after the following time periods:

    1) Where the legally-prescribed maximum sentence is less than 5 years and there is a reinstatement sentence, 5 years after a call;

    2) Where the maximum sentence is between 5 and 10 years imprisonment, 10 years have passed;

    3) Where the statutory maximum sentence is 10 years imprisonment, 15 years have elapsed;

    4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

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