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The period of detention of a criminal suspect specifically includes the period of criminal detention and approval of arrest and investigation by the public security organs, the time limit for the procuratorate to initiate a public prosecution, and the time limit for the people's court to hear and make a judgment. The specific provisions are as follows:
1) Criminal detention and approval of arrest: Article 89 of the Criminal Procedure Law: "If the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of 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 organ.
2) Investigation stage: Article 154 of the Criminal Procedure Law: "The period of investigation and detention after the arrest of a criminal suspect shall not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the end of the time limit, an extension of one month may have already been approved by the people's procuratorate at the level above. ”
3) Review for prosecution stage: Article 169 of the Criminal Procedure Law: "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 and complicated cases." ”
4) Court trial stage: Article 202 of the Criminal Procedure Law: "The people's court hearing a public prosecution case shall pronounce the verdict within two months after accepting the case, and shall not exceed three 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. ”
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From the approval of the arrest to the first-instance verdict, the ordinary case does not exceed 7 months.
Where the amount of public or private property defrauded is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given. Sentenced to at least 10 years in prison.
Expansion: According to Article 42 of the Criminal Law, the period of short-term detention is not less than one month but not more than six months.
Article 43: Criminals sentenced to short-term detention are to be enforced by the nearest public security organs. During the execution period, criminals sentenced to detention can go home for one to two days a month; Those who participate in labor may be paid remuneration at their discretion.
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Legal analysis: There is no clear time limit in the law on the issue of "how long a criminal case must be sentenced", and it needs to be judged according to the actual facts of the case. In accordance with the relevant laws and regulations, the court shall announce the verdict within two months of accepting the criminal case of selling cherry blossoms, and must not exceed three months at the latest.
However, the case handling period is divided into three stages, namely the investigation stage, the review and prosecution stage, and the trial and judgment stage, and the processing time of each stage may be affected by various practical factors, resulting in an extension.
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 208:People's courts hearing public prosecution cases shall announce a 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 158 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where it is necessary to extend the Zhongchong Cong due to special circumstances, it shall be reported to the Supreme People's Court for approval. 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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In cases tried under the ordinary procedures of the first instance, the court shall pronounce the judgment within two months of accepting the case, and must not exceed three 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 the Criminal Procedure Law, an extension of three months may be granted upon approval by the people's court at the level above; In cases where the simplified procedures are applied in the first instance, the people's court shall review and correct the case within 20 days of acceptance; Where a sentence of more than three years imprisonment might be given, it may be extended to one and a half months; In first-instance private prosecution cases, the time limit for cases applying the ordinary procedures for trial, and where they have not been detained, the verdict shall be announced within 6 months of acceptance; In second-instance criminal cases, the verdict shall be pronounced within two months
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Cases under the ordinary procedure must be completed within 2 months and must not exceed 3 months. Where the ordinary procedures for hail distribution are applied, the judgment shall be announced within two months of acceptance, and must not exceed three months at the latest; Where the simplified procedures are applied at trial, the trial shall be completed within 20 days of acceptance; Where the expedited procedures are applied at trial, trial shall be completed within 10 days of acceptance.
Article 208, Paragraph 1 of the Criminal Procedure Law.
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 158 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; If it is necessary to extend the finch sales due to special circumstances, it shall be reported to the Supreme People's Court for approval.
Article 220.
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.
225th is a defense.
In cases applying the expedited procedures at trial, the people's courts shall complete trial within 10 days of accepting it; Where a sentence of more than one year imprisonment might be given, it may be extended to 15 days.
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