According to the provisions of the Criminal Procedure Law, general criminal cases generally go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court). ?
First, the investigation stage:
Article 154 The period of investigation and detention of a criminal suspect after his arrest 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 160 When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, and write a prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. ?
Second, the review and prosecution stage:
Article 169 The People's Procuratorate shall make a decision on a case transferred for prosecution by the public security organ within one month, and may extend it by half a month for major and complicated cases. ?
Article 172 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court. ?
Third, the trial stage:?
Article 202 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 156 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. ?
Extended data:
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The time limit for handling criminal cases is 32 months, and the specific time limit is as follows: 37 days (pre-arrest investigation stage) +7 months (post-arrest investigation stage) +6.5 months (review and prosecution)+13 months (first instance)+10 days (appeal period) +4 months (second instance) =32 months.
1. The legal time limit for handling cases before arrest shall not exceed 37 days?
1. Summons and summoning duration shall not exceed 12 hours; If the case is particularly serious and complicated, and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours. (1 day) (Article 1 17)?
2. The detention time generally does not exceed 14 days. Under special circumstances, the detention shall be extended to 30 days, and the examination and approval shall not exceed 7 days, and the longest shall not exceed 37 days. (Article 89)?
3. The time of bail pending trial shall not exceed 12 months; (Article 77)?
4. The monitoring stay time shall not exceed 6 months. (Article 77)?
Statistics: 30+7=37 days?
2. The legal time limit for handling a case after arrest shall not exceed 7 months?
1. The detention period for investigation after the arrest of a criminal suspect shall not exceed 2 months; If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended by 1 month with the approval of the procuratorate at the next higher level; (Article 154)?
2. If the investigation cannot be concluded within the time limit stipulated in Article 156 of the Criminal Procedure Law, it may be extended for 2 months with the approval of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government; (Article 156)?
3. If the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, the extension period shall expire according to Article 126 of the Criminal Procedure Law, and if the investigation cannot be terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government; (Article 157)?
4. If other important crimes are found, the time limit will be recalculated. (Article 158)?
Statistics: (2 months+1 month) +2 months +2 months =7 months?
Three. The statutory time limit for handling cases for examination and prosecution shall not exceed 6.5 months?
1. The time for the people's procuratorate to review and prosecute is 1 month. Major and complex cases can be extended by 0.5 months; (article 169)?
2. If the jurisdiction is changed, it shall be counted from the date when the changed procuratorate receives the case; ?
3. Return the supplementary investigation twice, each time 1 month; Twice can be two months. (article 17 1)?
4. After the supplementary investigation is completed and transferred to the People's Procuratorate, the time limit for prosecution is recalculated, which is 1 month twice and extended by 0.5 months twice, and ***3 months. (article 17 1)?
5. The victim's appeal against the prosecution decision shall be filed with the people's procuratorate at the next higher level within 7 days; ?
6. The non-prosecutor shall lodge a complaint within 7 days according to the decision not to sue in Item 2 of Article 173 of the Criminal Law. (article 177)?
Statistics: (1 month +0.5 months)+1 month× 2 times +( 1 month +0.5 months )× 2 times =6.5 months?
4. The legal time limit for handling cases from the first trial to the second trial shall not exceed 17.5 months?
1. A public prosecution case of first instance in ordinary procedure shall be pronounced within 2 months after it is accepted, and no later than 3 months. Under special circumstances, with the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government, it may be extended for another three months, counting six months. (Article 202)?
2. When a people's court changes its jurisdiction, the trial period shall be counted from the date when the changed people's court receives the case. (Article 202)?
3. The time limit for filing an appeal or protest is 10 days. (article 138)?
4. The case under supplementary investigation by the people's procuratorate shall be concluded within 1 month, and after it is transferred to the people's court, the people's court shall recalculate the trial period. (Articles 199 and 202)?
Note: The law does not expressly stipulate the number of times the procuratorate can make supplementary investigations. In practice, the procuratorate will generally conduct 1 supplementary investigation. Otherwise, the court may advise the procuratorate to withdraw the charges, which is another form of acquittal. ?
5. The people's court shall conclude a case that is tried by summary procedure within 20 days after accepting it. (article 178)?
6. Appeals and protests of second instance shall be concluded within two months. Under special circumstances, under the circumstances stipulated in Article 56 of this Law, it may be extended for another two months, counting four months, with the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government. However, the cases of appeal and protest accepted by the Supreme People's Court shall be decided by the Supreme People's Court. (Article 232)?
Statistics: [(2 months+1 month +3 months)+1 month +(2 months+1 month +3 months) ]+ 10 days +(2 months +2 months) =/kloc-.
5. Time limit is not included in the test?
1. The time limit for psychiatric appraisal of criminal suspects is not included in the time limit for handling cases. (article 147)?
2. Postpone the trial: (1) It is necessary to notify new witnesses to appear in court, obtain new material evidence, re-evaluate or conduct an inquest; (two) prosecutors found that the case to be prosecuted needed supplementary investigation and put forward suggestions; (3) The trial cannot be conducted due to the application for withdrawal. (Article 198)?
3. Interrogation: (1) The defendant was seriously ill and could not appear in court; (2) The defendant escaped; (3) The private prosecutor suffers from a serious illness and is unable to appear in court, nor has he entrusted an agent ad litem to appear in court; (4) Due to irresistible reasons. (200)?
China People's Network-Criminal Procedure Law