Article 87 A crime of limitation of prosecution shall not be prosecuted if it exceeds the following time limit:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Article 88 After the people's court accepts a case, if the people's procuratorate, public security organ or state security organ files a case for investigation or evades investigation or trial, the extension of the time limit for prosecution is not limited by the time limit for prosecution.
If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution.
Extended data
Case:
Six years ago, the owner of Chizhou enterprise hired a murderer to hurt people. Recently, it ended dramatically, and the accomplice was sentenced. The principal offender was not investigated for criminal responsibility after the limitation of prosecution.
It is determined that the principal offender in this case has passed the limitation of prosecution and refused to arrest. On this issue, the reporter interviewed Chizhou City Procuratorate. The case-handling staff of the hospital told the reporter that the public security department only confiscated the bill of the suspect's bail pending trial, and could not provide evidence that the suspect was not summoned in place, so it was impossible to prove that the suspect evaded investigation.
Lawyer: The statute of limitations does not apply to cases that have been filed.
Lawyer Wang Yalin, a member of all china lawyers association Criminal Law Professional Committee and vice president of Anhui Criminal Law Research Association, believes that the statute of limitations is an effective period for judicial organs to investigate criminals' criminal responsibility under the criminal law, and its setting fully embodies the function of criminal law to protect human rights, but the statute of limitations system should not be applied in this case.
Although it has been more than five years since the case occurred, all the perpetrators have been arrested at the time of the incident, but the two principal offenders have not been dealt with separately. If the statute of limitations can be applied in this case, criminal responsibility may not be investigated for cases that have not been resolved within the statute of limitations after filing a case.
People's Daily Online-The principal of the injury case of "ignoring another case" caused by police personnel changes has passed the limitation of prosecution.