Sentencing standards for criminal cases for three counts

First of all, the public security organs will take him into criminal detention according to the circumstances, and request the procuratorate for approval of arrest within three days, which may be extended by one to four days, and the procuratorate will generally decide whether to approve the arrest within seven days; if it is a major suspect who has committed a crime on the go, in a gang, or has committed multiple crimes, it can be extended to one month when the application for approval of arrest is made, that is to say, criminal detention is generally more than 10 days, and the longest is 37 days. The period for investigation after arrest must generally not exceed two months, and in cases where the circumstances of the case are complicated, it may be extended by one month with the approval of the people's procuratorate at the level above. If it is an area with inconvenient transportation, a major criminal group case, or a crime committed by wandering, it may be extended for another two months with the approval of the provincial procuratorate.

For suspects who may be sentenced to a sentence of less than 10 years, it will be extended for a further two months with the approval of the provincial procuratorate. In other words, the time in the public security stage is generally about two and a half months to three months, and the longest is eight months. Then, the case-handling personnel of the public security organ write out the prosecution opinion, case file, and evidence and transfer it to the procuratorate, that is, the review for prosecution stage.

This stage is generally one month, and can be extended by half a month for major complexities. Where, after review, the procuratorate finds that it is necessary to supplement the investigation, it may return it to the public security organs for supplemental investigation, or may conduct the investigation on its own. Supplemental investigation shall be completed within one month, and supplemental investigation is limited to two.

After the supplementary investigation, the procuratorate recalculates the time limit for reviewing for prosecution. After the review is completed, the Public Prosecution Section of the Procuratorate will write an indictment and file a public prosecution with the corresponding court. Namely:

It is usually one month to one and a half months, and the longest can reach five months. Finally, to the court. The trial is the final adjudication system of the second instance, and the first instance is the trial and judgment within one month after the court accepts it, and the verdict shall not exceed one and a half months at the latest.

If it is a case in a remote area, a major criminal group, or a wandering crime, it may be extended for another month. If the defendant or the party to the attached civil lawsuit is dissatisfied with the first-instance judgment, they may appeal; If the procuratorate finds that the first-instance judgment is truly in error, it may also raise a protest with the court at the next higher level, and the case will proceed to the second-instance trial procedure. The time limit for trial in the second instance is the same as that in the first instance, and it is one month, not more than one and a half months, and may be extended by another month if it is a case in a remote area, a major criminal group, or a crime committed by wanderers.

That is to say: if there is no appeal or counter-appeal, it is generally one month to one and a half months, and the longest is two and a half months. If the court finds that the evidence is insufficient to return it to the prosecutor's office, the time period will be extended.

To sum up, if a criminal case is not complicated and the facts of the case are simple, it will be concluded in five to six months, and if it is complicated and returned many times, the trial time limit will be about two years at most. In practice, the phenomenon of extended detention is very common, and if there is a situation of extended detention, a lawyer should be hired in a timely manner to appeal on his behalf, apply for release on bail pending further investigation, and so on, so as to protect the lawful rights of the suspect (defendant).

It is determined on the basis of the specific crime and the circumstances of the crime

It is necessary to analyze the specific case and call for free consultation if you need help.

Common criminal offences include traffic accidents, intentional injury, robbery, theft, etc. In criminal offenses, the defendant's sentencing shall be determined based on factors such as the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society. Whoever intentionally harms the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release; Where serious injury is caused by a stool type loss, a sentence of between three and ten years imprisonment is to be given.

Article 61 of the Criminal Law of the People's Republic of China stipulates that when a criminal is to be punished, it shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society. Article 62 of the Criminal Law of the People's Republic of China: Where criminals have the circumstances provided for in this Law for heavier punishment or coarse and lighter punishment, they shall be given a criminal punishment within the limits of the legally-prescribed punishment. Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Legal Analysis: In criminal offenses, the defendant's sentencing shall be determined based on factors such as the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society. He should first clarify the statutory sentencing scope based on the charges he constituted, and then determine his final sentencing based on the specific considerations mentioned above.

If there are circumstances of a heavier or lighter punishment, the heavier or lighter punishment shall be given within the limits of the statutory sentence; Where there are mitigating circumstances, a criminal punishment below the legally-prescribed penalty shall be given.

Legal basis: Criminal Law of the People's Republic of China

Article 61: When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Article 62: Where Wang Chizi, the head of the crime, has the circumstances of a heavier or lighter punishment as provided for in this Law, a criminal punishment shall be given within the legally-prescribed limits.