Statute of limitations for criminal cases, is there a statute of limitations for criminal cases

Updated on society 2024-07-25
4 answers
  1. Anonymous users2024-02-13

    The statute of limitations in criminal cases is not fixed, but is related to the sentence that may be imposed for the crime committed in the case.

  2. Anonymous users2024-02-12

    Legal analysis: There is a statute of limitations for criminal cases.

    Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 87 The statute of limitations for prosecution is not to be prosecuted after the following time limits 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 passed;

    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, after 20 years, it is deemed necessary to prosecute, it must be quietly reported to the Supreme People's Procuratorate for approval.

  3. Anonymous users2024-02-11

    Legal Analysis: The statute of limitations for criminal cases is the period for prosecution, 1. Where the statutory maximum penalty is less than five years imprisonment, after five years, the statutory maximum sentence is more than five years but less than 10 years imprisonment, after 10 years, the statutory maximum sentence is more than 10 years imprisonment, after 15 years, and the statutory maximum sentence is life imprisonment or death, 20 years. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

    Legal basis: Article 87 of the Criminal Law of the People's Republic of China is as follows: where the statutory maximum penalty 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 passed; 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.

  4. Anonymous users2024-02-10

    The statute of limitations for criminal cases is generally 5 to 20 years. The specific time limit depends on the circumstances of the case, and the statute of limitations for prosecution is also different in different cases, if it is necessary to bring a register for prosecution after 20 years, then it must be a major case, or it has caused a discordant impact on society, and it can be reported to the Supreme People's Procuratorate and approved, and the criminal suspect can still be prosecuted. Therefore, the determination of the statute of limitations for prosecution is also very important, and if the statute of limitations for prosecution is exceeded, it cannot be pursued.

    Article 208 of the Criminal Procedure Law of the People's Republic of China.

    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; 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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