The maximum period of investigation in a criminal case

The facts of the case that need to be ascertained include: (1) the identity of the criminal suspect; (2) Whether there is criminal conduct that has been filed and investigated; (3) Whether the criminal conduct filed and investigated was committed by the criminal suspect; (4) The motive and purpose of the criminal suspect's criminal conduct; (5) The time, place, methods, consequences, and other circumstances of the criminal conduct; (6) The responsibility of the criminal suspect and his relationship with other co-defendants;

The time limit for handling cases at each stage of a criminal case (public security, procuratorate, court).

1) The period for compulsory measures.

1. The duration of the summons or custodial summons must not exceed 12 hours;

2. The period of detention shall generally not exceed 14 days, and the maximum period in special circumstances shall be 37 days;

3. The period of release on guarantee pending further investigation shall not exceed 12 months;

4. The period of residential surveillance must not exceed 6 months.

2) The period of investigative detention.

1. After the arrest of the criminal suspect, it must not exceed 2 months;

2. In cases where the case is complicated and cannot be concluded at the end of the time limit, it may be extended by 1 month;

3. Where the circumstances provided for in article 126 of the Criminal Procedure Law are met, an extension of 2 months may be granted;

4. Where a criminal suspect might be sentenced to 10 years imprisonment or more, where the extension period is completed at the end of article 126 of the Criminal Procedure Law, and the investigation cannot be concluded, it may be extended for another 2 months;

5. Where other important crimes are discovered, the time limit is to be recalculated.

3) Time limits for review for prosecution.

1. Time for review and prosecution, 1 month;

2. For major and complex cases, it can be extended for half a month;

3. Where jurisdiction is changed, it is calculated from the date on which the procuratorate receives the case;

4. Return for supplementary investigation, limited to two times, 1 month each time;

5. The victim's appeal against the decision not to prosecute is within 7 days;

6. The person not being prosecuted shall appeal within 7 days of making a decision not to prosecute in accordance with Article 142, Paragraph 2 of the Criminal Law.

4) Time limit for trial.

1. In first-instance public prosecution cases under ordinary procedures, the verdict shall be announced within one month of acceptance, and must not exceed one and a half months at the latest. In special circumstances, 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.

2. In cases applying the simplified procedures at trial, the people's courts shall complete trial within 20 days of accepting it.

3. Second-instance appeals and prosecutorial counter-appeals shall be concluded within one month, and must not exceed one and a half months at the latest. In special circumstances, an extension of one month may be granted upon approval or decision of the high people's court of a province, autonomous region, or directly governed municipality, but the Supreme People's Court shall decide on appeals or prosecutorial counter-appeals accepted by the Supreme People's Court.

What is the maximum period of investigative detention?

The maximum investigation time for a criminal case should be 15 years.

20 years! If you kill someone, the police won't arrest you when they see you again in 20 years.

Legal Analysis: The duration of the investigation is generally two months in Wookiee, and the maximum can be up to seven months.

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

Article 156: 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 157:For particularly major and complicated cases that are not suitable for trial for a longer period of time due to special reasons, the Supreme People's Procuratorate is to report to the Standing Committee of the National People's Congress for approval of an extension of trial.

Article 158:In the following cases, where the investigation cannot be concluded at the completion of the time period provided for in article 156 of this Law, it may be extended for two months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate:

1) Major and complex cases in remote areas where transportation is very inconvenient;

2) Major criminal syndicates or serious cases;

3) Major and complex cases in which the crime was committed on the move;

4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence.

Article 159:Where a criminal suspect might be sentenced to 10 years imprisonment or more, and the extension period is completed in accordance with article 158 of this Law, but the investigation cannot be concluded, it may be extended for another two months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate.

The maximum duration of the investigation phase is two months.

1. The investigation stage is the stage from the discovery of a crime or criminal clues to the conclusion of the investigation from the discovery of a crime or a criminal clue to the identification of the criminal and the main facts of the crime through the investigation.

2. Within 30 days of criminal detention (7 days in special circumstances), the procuratorate shall be requested to approve arrest within 30 days of wandering or committing a crime in a group. The procuratorate shall make a decision within seven days. The period of investigative detention after a party is arrested must not exceed two months.

It may be extended by one month with the approval of the procuratorate at the next higher level.

Where, during the investigation period, it is discovered that the criminal suspect has committed another important crime, the period of investigative detention is to be recalculated from the date of discovery.

1. After a party in an ordinary case is criminally detained, he or she will generally be arrested or released within 14 days, and the investigation will be completed within two months after the arrest is approved, and a decision will be made to withdraw the case or transfer it to the procuratorate for review and prosecution.

2. Where the public security organs find that it is necessary to arrest a detained person, they shall submit it to the people's procuratorate for review and approval within three days of the detention.

3. Under special circumstances, the time for submitting for review and approval may be extended by one to four days.

4. The time for submitting a request for review and approval may be extended to 30 days for major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups.

In other words, the maximum period of detention before submitting a request for review and approval of arrest can be as long as 30 days. Within 7 days of receiving a written request for approval of arrest from the public security organ, the procuratorate shall make a decision on whether to approve the arrest or not. Therefore, the maximum period of detention before arrest is 37 days.

Criminal Procedure Law of the People's Republic of China》 Article 156: In the following cases, where the investigation cannot be concluded at the completion of the period provided above, it may be extended for two months upon approval or decision of the procuratorate of the province, autonomous region, or municipality directly under the Central Government:

1) Major and complex cases in remote areas where transportation is very inconvenient;

2) Major criminal group cases;

3) Major and complex cases in which the crime was committed on the move;

4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence.

A sentence of 10 years or more imprisonment may be given to a suspect who has committed the crime of failing to complete the crime, and may be extended for another two months upon approval or decision of the provincial, autonomous region, or directly governed municipality procuratorate. Where, during the investigation period, it is discovered that the criminal suspect has committed another important crime, the period of investigative detention is to be recalculated from the date of discovery.