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1. Period for prosecution in criminal cases.
According to article 87 of the Criminal Law of the People's Republic of China, "the crime is not to be prosecuted after the following period of time: (1) Where the statutory maximum sentence is less than 5 years imprisonment, 5 years have elapsed; (2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed; (3) Where the legally-prescribed maximum sentence is 10 years or more 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. Depending on the circumstances, the prosecution period for criminal cases is 5 years, 10 years, 15 years, and 20 years.
II. Statute of Limitations for Civil Cases.
There is no concept of a recourse period in civil cases, but there is a concept of a statute of limitations.
According to Article 188 of the General Provisions of the Civil Law of the People's Republic of China, "the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.
Where the law provides otherwise, follow those provisions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application. In general, the statute of limitations for civil cases is three years and the maximum is 20 years.
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In this case, generally speaking, under Chinese law, the statute of limitations is two years, and the court will no longer accept it after two years.
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The period for criminal prosecution is:
1. Where the statutory maximum sentence is less than 5 years imprisonment, 5 years have elapsed since the crime;
2. Where the statutory maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed since the crime;
3. Where the legally-prescribed maximum sentence is 10 or more years imprisonment, 15 years have elapsed since the crime;
4. Where the statutory maximum penalty is life imprisonment or death, 20 years have elapsed since the crime.
[Legal basis].Article 87 of the Criminal Law.
The offence will not be prosecuted after the following periods have passed:
1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;
(2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed;
(3) Where the legally-prescribed maximum sentence is 10 years or more 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.
Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. Civil cases are litigation arising from disputes between citizens, legal persons, and citizens and legal persons who are equal subjects, mainly referring to cases related to property rights and interests, but also including personal cases such as marriage and family. Such as breach of contract, divorce, property inheritance, personal injury, etc. >>>More
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