The time of criminal proceedings, how long is the statute of limitations for criminal proceedings

Updated on society 2024-07-10
6 answers
  1. Anonymous users2024-02-12

    1. Duration of criminal detention: The detention period of public security organs for persons suspected of criminal detention is 14 days, and the maximum detention period for major suspects who have committed crimes on the go, committed crimes repeatedly, or committed crimes in groups is 37 days;

    2. Period of investigation and detention after arrest: The period of investigation and detention after the 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 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;

    3. Procuratorate review for prosecution: 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 it by half a month for major or complicated cases.

    4. Trial by the court: The people's court hearing a public prosecution case shall announce the judgment within two months after accepting it, 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.

  2. Anonymous users2024-02-11

    Generally in 15 days to a month.

  3. Anonymous users2024-02-10

    Legal analysis: According to the provisions of China's criminal law, the statute of limitations varies with the sentencing of the crime.

    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 passed;

    3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

    4) Where the statutory maximum penalty is life imprisonment or death, 20 years have elapsed.

    If, after 20 years, Duan laughs and believes that it is necessary to prosecute, he must report to the Supreme People's Procuratorate for approval.

    Legal basis: Article 87 of the Criminal Law of the People's Republic of China: Crimes are not to be prosecuted after the following time periods:

    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 passed;

    3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

    4) Where the statutory maximum penalty is life imprisonment or death, 20 years have elapsed. If it is deemed necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

  4. Anonymous users2024-02-09

    The time limit for criminal proceedings is: According to the Criminal Law of the People's Republic of China, the crime will not be prosecuted after the following time limits:

    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 passed;

    3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

    4) Where the statutory maximum penalty 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.

    1. The crime will not be prosecuted after several years.

    The crime is not to be prosecuted after the following time periods: (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 source leaks and the maximum sentence is 10 years or more imprisonment, 15 years have passed; 4) Where the statutory maximum penalty 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.

    2. How long after being deceived is invalid if you do not report the case.

    According to the provisions of China's Criminal Law, there is a time for prosecution in a criminal case, and if the case is reported after the statute of limitations, the criminal suspect will not be investigated for criminal responsibility.

    The offence will not be prosecuted after the following periods have passed:

    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, where there is a return to prison for a period of time, 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 penalty 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 Law of the People's Republic of China

    Article 87:Crimes are not to be prosecuted after the following time periods:

    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 passed;

    3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

    4) Where the statutory maximum penalty 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.

  5. Anonymous users2024-02-08

    Legal Analysis: The crime is not to be prosecuted within the following time limits: (1) where the statutory maximum penalty is less than five years imprisonment, five 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.

    Legal basis: Article 87 of the Criminal Law of the People's Republic of China: Crimes are not to be prosecuted after the following time periods:

    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 passed;

    3) Where the legally-prescribed maximum sentence is 10 years or more, 15 years have passed;

    4) Where the statutory maximum penalty is life imprisonment or death, 20 years have elapsed. If Zichun finds it necessary to prosecute after 20 years, he must report to the Supreme People's Procuratorate for approval.

  6. Anonymous users2024-02-07

    Legal Analysis:1In 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.

    2.After reviewing Hu Ximo's case, if the people's procuratorate finds that the evidence is insufficient, it may return it to the public security organ for supplementary investigation for a period of one month, up to two times, but the time for the intermediate procuratorate to review the prosecution is to be recalculated. Then the time for the procuratorate to review the prosecution is at least two months longer, and at most five months.

    Trouser buckets. Legal basis: Article 89 of the Criminal Law of the People's Republic of China The time limit for prosecution is calculated from the date of the crime; Where the criminal conduct is continuous or continuous, it is calculated from the date on which the criminal conduct ends. Where another crime is committed within the time limit for prosecution, the period for prosecution for the previous crime is calculated from the date on which the subsequent crime is committed.

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