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The verdict was pronounced within five months after the procuratorate approved the arrest.
Article 154 of the Criminal Law: The period of investigative detention after arrest of a criminal suspect must not exceed two 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 169 of the Criminal 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 the period by half a month for major or complicated cases.
Article 202 of the Criminal Law stipulates that a people's court hearing a public prosecution case shall announce the verdict within two months of 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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20 days. Communicate more with the prosecutor. If the crime is uncertain, do not incriminate yourself. Police officers are mostly veterans or connections, and apart from interrogation, there are few ways to find evidence, and confessions are very important. Prisoners have the right to remain silent.
When communicating with procurators, adopt the strategy of narrowing the target, do not talk about big reasons, only talk about small reasons, only talk about legal principles related to the facts of the case, talk about people's common feelings, talk about family, move with emotion, know with reason, put yourself in the perspective of an ordinary person, do not strive for the glorious and great image, only strive for the outcome of the case that is most beneficial to you, pay attention to practical results, and choose to compromise when necessary after exhausting all resistance measures are still ineffective. When a case is transferred to the procuratorate, in accordance with legal procedures, the procurator will review the case file for trial after a period of time. Prosecutorial interrogation is a customary term, and in a comprehensive way, it should probably be interrogated by prosecutors.
In many cases, the review is only once, but it can be repeated multiple times, and they may come to you multiple times when they feel that there is still a situation that needs to be checked with you. If you think it is necessary, you can also take the initiative to ask to meet with the prosecutor during the prosecution process. The prosecutor, for the purpose of having a complete picture of the situation, may also be happy to tell you that you can communicate and exchange views by writing to them, etc.
In addition, there is an exchange of views with the prosecutor through a lawyer. There are many channels of communication between you and the prosecutor. Your first trial is extremely important to you, and how well you perform and how you perceive the prosecutor can have a considerable impact on the outcome of the case.
Many prosecutors may have never handled a human rights case before you, but they must have carefully read your case file and been heavily influenced by the Public Security Bureau's "wicked people sue first" style, and may subjectively have a considerable degree of prejudice against you, and may have already determined that you are guilty. However, following the legal process and listening to your opinion gives you the opportunity to correct your biases, so be sure to take advantage of it. Here, my advice is to speak to the prosecutor in a gentle and dignified manner, to go through every word spoken by the prosecutor, to correct it without losing the opportunity if it is found to be outdated and wrong, to avoid heated arguments, but to discuss the different points of view within the scope of legal jurisprudence appropriately.
Before the first trial, the prosecutor generally looks at the problem from the perspective of the public security bureau, and you have to assume that they have already listened to one side of the story, and during the trial, you have to let them hear the second side of the story, and comprehensively explain your understanding of the legal principles of the case and question the evidence. When listening to your opinions, the identity of the prosecutor is similar to that of a judge, he stands between you and the public security bureau, unlike when you argue with the prosecutor in court, at this moment, your objection is not directed at him, you are directed at the public security bureau, so the language may as well be sharp, and the wording should be to the point. The goal of your efforts is to convince the prosecutor to abandon his prejudices, and then try to pull the prosecutor to your side, so that he can become a line of defense against the police, and let the prosecutor speak for you and use it for you.
When meeting with the prosecutor for the first time, be sure to show integrity and level
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After the procuratorate approves the arrest of a suspect, it is generally necessary to meet with the suspect once to further determine the nature of the case, and then prosecute the suspect in the people's court on the basis of criminal evidence and the suspect's oral confession. If the case is complicated or suspicious, it may be returned to the case-handling unit to continue the investigation and find evidence, and then hand it over to the people's procuratorate when the evidence is sufficient, and the maximum number of withdrawals from investigation is three times, and one time should not exceed one and a half months. But if it is **, the legal procedure seems to be automatically withdrawn from the investigation at least once, so as not to make any mistakes, I hope it can help you, if you have any questions, you can continue to ask me!
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Legal analysis: After the procuratorate approves the arrest, it will generally be prosecuted to the court within 3 months (2 months for investigation, 1 month for review and prosecution), and the case may be extended if the case is complicated, but it should not exceed 12 months at most. According to China's Criminal Procedure Law, the time limit for investigation by the public security organs after the procuratorate approves the arrest is generally 2 months, and if the case is complicated, it can be extended by up to 7 months upon approval.
After the public security organs complete the investigation, they will transfer the case to the procuratorate for review and prosecution, and the time for review for prosecution is generally one month (i.e., one month to file a lawsuit with the court), but if the procuratorate finds that the facts of the case are unclear, it may request the public security organs to supplement the investigation, and the supplementary investigation time is one month, and the supplementary investigation may be conducted twice.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 154: 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 end 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 169: The People's Procuratorate shall make a decision within one month of a case transferred for prosecution by the public security organs, and may extend the period by half a month for major or complicated cases. In cases where the people's procuratorate reviews for prosecution and changes jurisdiction, the time limit for review for prosecution is calculated from the date on which the changed people's procuratorate receives the case.
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After the procuratorate approves the arrest, the public security organ has a two-month investigation period; Then it will be transferred to the public prosecution department of the procuratorate, and the public prosecution department has a one-month period for examination and prosecution, and then the prosecution will be brought to the court, and the court will conduct the trial, which is three months. The court still has one month to destroy or order the trial, and it will take four months to get the verdict. Article 172 of the Criminal Procedure Law provides that the People's Procuratorate shall make a decision within one month in a case transferred for prosecution by the public security organs, and may extend the period by half a month in major or complicated cases.
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According to the progress and speed of the procuratorate's case.
According to Article 167 of the Criminal Procedure Law, if the People's Procuratorate finds it necessary to arrest a person detained in a case directly accepted by the People's Procuratorate, it shall make a decision within 14 days. In exceptional circumstances, the time for deciding on arrest may be extended by one to three days. where arrest is not necessary, they shall be released immediately; Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
Article 168 of the Criminal Procedure Law: In cases where the People's Procuratorate has concluded its investigation, it shall make a decision to initiate a public prosecution, not to prosecute, or to withdraw the case.
When the people's procuratorate examines a case, it must ascertain the following:
1) Whether the facts and circumstances of the crime are clear, whether the evidence is credible and sufficient, and whether the determination of the nature of the crime and the charges is correct;
2) Whether there are any omitted crimes and other persons who should be pursued for criminal responsibility;
3) Whether it is criminal responsibility that should not be pursued;
4) Whether there is an attached civil lawsuit;
5) Whether the investigative activities are lawful.
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Hello.
1. In accordance with the provisions of the Criminal Procedure Law and judicial practice, except for cross-regional crimes with inconvenient transportation, gang or group crimes, roving crimes, major cases involving a wide range of areas and difficulties in obtaining evidence, and complex economic crime cases, the time limits for an ordinary criminal case are as follows: 1. 30 days of criminal detention; 2. Review and arrest for 7 days; 3. The investigation period is 60 days; 4. Review for prosecution for 45 days; 5. The court will hear the case for 45 days; The above total is 197 days, which does not include the period that may occur: 6. The period during which the review for prosecution stage is returned to the public security organ for supplementary investigation (up to 2 times, 30 days, and the time limit for review and prosecution is recalculated each time); 7. During the trial phase of the court, the procuratorate deems it necessary to postpone the time limit for the trial (up to 2 times, 30 days, and the time limit for each trial stage is recalculated).
2. If the procuratorate refuses to approve the arrest, then after receiving the "Decision not to approve arrest", the public security organ shall immediately release the suspect in custody if it should not be prosecuted; For those who should be prosecuted but do not meet the requirements for arrest, the compulsory measures may be changed to release on guarantee pending further investigation or residential surveillance.
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Generally, it will take about three to four months**.
After a public security organ arrests a criminal suspect, the period of investigation and detention must not exceed two months, which may be extended upon approval, and the public security organ shall transfer the case to the procuratorate for examination and prosecution, and the procuratorate shall make a decision within one month, which may be extended by half a month.
If there is a return for supplementary investigation or other crimes, the above period shall be recalculated.
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.
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The transfer of the procuratorate to the court may not exceed three months**. The people's procuratorate shall make a decision within one month of a case transferred for prosecution by the supervision organs or public security organs, and may extend the period of 15 days for major or complicated cases; Where criminal suspects admit guilt and accept punishment and meet the requirements for applying the expedited procedures, a decision shall be made within 10 days.
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I can't say, every case is different, and the difference is quite big. However, there is still some time to go. The approval of the arrest is still in the investigation stage, and then it will be reviewed for prosecution, and it will not be possible to ** immediately after arriving at the court.
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This does not necessarily depend on when the procuratorate initiates a public prosecution with the court.
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