1. Will intentional homicide be investigated for criminal responsibility after 20 years?
1. Intentional homicide that can be prosecuted shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years. The maximum legal punishment is life imprisonment or death penalty, after 20 years. If it is considered necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval;
2, in the people's Procuratorate, public security organs, state security organs for investigation or in the people's court after accepting the case, to avoid investigation or trial, not limited by the time limit for prosecution. If the victim files a complaint within the time limit for prosecution, and the people's court, people's procuratorate or public security organ should file a case but not file it, it is not limited by the time limit for prosecution;
3. Legal basis: Extension of the time limit for prosecution in Article 88 of the Criminal Law of People's Republic of China (PRC). If the people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts a case, it 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.
Second, what is the difference between the crime of intentional homicide and the crime of endangering public security?
1. Regarding the characterization of homicide cases by setting fire, exploding, throwing dangerous substances and other dangerous methods, China's criminal law theory has always believed that anyone who intentionally kills by setting fire and other methods cannot be regarded as intentional homicide, but can only be regarded as the crime of endangering public security by setting fire and other dangerous methods;
2. In fact, when people intentionally kill people by means of arson, explosion, etc., their behavior conforms to the constitutive requirements of the crime of arson and explosion, and also conforms to the constitutive requirements of the crime of intentional homicide, which can be described as imaginative joinder; The crime of intentional homicide is more serious than arson and explosion, both in nature and in legal punishment, so it is in line with the principle of dealing with imaginative joinder of crimes to identify the above acts as intentional homicide.
3. Intentional homicide cases that endanger public safety by arson and explosion, if identified as arson and explosion, will lead to disharmony between crime and punishment without serious consequences. On the other hand, it is beneficial to determine intentional homicide by dangerous methods such as arson and explosion. Identifying a case of intentional homicide as a crime of endangering public security is not conducive to distinguishing the crime of intentional homicide from the crime of arson. On the other hand, if the act of killing people by dangerous means is determined as intentional homicide, it will not cause qualitative difficulties; In addition, it is beneficial to unify the understanding and handling of aggravated offenders and reduce the death penalty clauses in the future to identify the act of killing people by dangerous methods as intentional homicide;
4. The time limit for prosecution of common crimes is five years. After the prosecution period, the public prosecution organ may bring a lawsuit to the court, but the court cannot guarantee a certain success. If the crime of intentional homicide is minor, the court may not sentence it to life imprisonment or death penalty. If it is attempted intentional homicide, the punishment may be lightened or mitigated according to the accomplishment of intentional homicide.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 87 A crime that exceeds the following time limit shall not be prosecuted:
(1) Five years have elapsed if the statutory maximum penalty is fixed-term imprisonment of less than five years.
(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 A people's procuratorate, a public security organ or a state security organ, after placing a case on file for investigation or a people's court accepts a case, evades investigation or trial, and 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.
Article 89 The time limit for prosecution shall be counted from the date of committing the crime. If the criminal act has a continuous or continuous state, it shall be counted from the date when the criminal act ends. If a crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date when the latter crime is committed.