1. detention: generally 14 days, with a maximum of 37 days (the golden period of bail pending trial is 37 days);
Second, the arrest enters the investigation stage: generally 2 months, the longest 7 months.
III. Transferred to the procuratorate to enter the stage of examination and prosecution (lawyers can read the papers): generally, it is 1.5 months, and if the case is returned to the public security organ for supplementary investigation, it can reach 6.5 months at the longest (one withdrawal is 1 month+1.5 months for examination and prosecution+two withdrawals are 1 month).
Iv. trial: generally 2 months, up to 3 months (excluding changing jurisdiction and returning for supplementary investigation) (20 18) criminal procedure law article 34 a criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.
Second, is it allowed to withdraw a criminal case after appeal?
Withdrawal of an appeal refers to the act of the appellant applying for withdrawal of the appeal after the people's court of second instance accepts the appeal and before making a judgment.
Whether the appellant applies to withdraw the appeal shall be decided by the people's court of second instance. If it is considered to be in compliance with the statutory circumstances, it shall be ruled to withdraw the appeal. However, in any of the following circumstances, the complaint shall not be withdrawn:
1, after examination, it is considered that the judgment made in the first instance is wrong in ascertaining the facts and applying the law;
2. Upon examination, it is considered that both parties collude maliciously, which damages the interests of the state, the collective, the social public interests and the legitimate rights and interests of others;
3. Upon examination, it is considered that the people's court of first instance has violated legal procedures, which may affect the correct judgment of the case.
Legal basis:
Article 91 The longest criminal detention in the investigation stage is 37 days. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 156 The detention period for investigation after arrest shall be February. After arrest, the period of investigation and detention of a criminal suspect shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
Article 157 For particularly serious and complicated cases that are not suitable for trial for a long time due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Article 158 If the investigation of the following cases cannot be concluded at the expiration of the time limit stipulated in Article 156 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Article 159 A criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years. If the extended period stipulated in Article 158 of this Law expires and the investigation is terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government.
Article 160 In the course of investigation, if a criminal suspect is found to have committed other major criminal acts, the time limit for investigation and detention shall be recalculated from the date of discovery in accordance with the provisions of Article 156 of this Law. If a criminal suspect does not give his real name and address and his identity is unknown, his identity shall be investigated, and the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped. If the facts of the crime are clear, the evidence is true and sufficient, and it is really impossible to find out his identity, he can also sue and try according to his self-reported name.
Article 172 The time limit for examination and prosecution is 45 days. The people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month. Major and complicated cases can be extended by 15 days. If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
Article 208th: The first trial period is March. When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
Article 220 A people's court shall conclude a case in which the summary procedure of first instance is applied for 45 days within 20 days after accepting it. If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
Article 222 If the facts of the case are clear, the evidence is true and sufficient, and the defendant pleads guilty and agrees to apply the expedited procedure, the expedited procedure may be applied, and the trial shall be conducted by a single judge.
When a people's procuratorate brings a public prosecution, it may suggest that the people's court apply the expedited procedure. Article 225 The people's court shall conclude a case that is tried by the expedited procedure within 10 days after accepting it. If the term of imprisonment may exceed one year, it may be extended to fifteen days. Article 230 The time limit for an appeal or protest against a judgment is ten days, and that for an appeal or protest against a ruling is five days, counting from the day after the judgment or ruling is received.
Article 243 Time limit for second instance February The people's court of second instance shall conclude the appeal and protest cases within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances specified in Article 158 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court.
Article 235 The people's procuratorate at the same level shall send personnel to appear in court for cases protested by the people's procuratorate and cases of public prosecution tried by the people's court of second instance. After the people's court of second instance decides to hold a hearing, it shall promptly notify the people's procuratorate to consult the file. The people's procuratorate shall complete the inspection within one month. The time for the people's procuratorate to consult the case file is not included in the trial period.