First of all, the public security organs will take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended for one to four days. The procuratorate usually decides whether to approve the arrest within seven days. If it is a major suspect who commits a crime on the run, in a gang or for many times, the time for requesting arrest can be extended to one month, that is to say, criminal detention is generally more than ten days, and the longest is 37 days.
The investigation period after arrest shall generally not exceed two months, and the case with complicated circumstances may be extended by one month with the approval of the people's procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, a fugitive crime, etc. With the approval of the provincial procuratorate, it can be extended for another two months. With the approval of the provincial procuratorate, the criminal suspect who may be sentenced to a penalty of less than ten years will be extended for another two months. In other words, the public security stage usually lasts about two and a half months to three months, and the longest is eight months. Then, the case is written by the case handlers of the public security organs, and the files and evidence are transferred to the procuratorate, that is, the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month. If the procuratorate deems it necessary to make supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. Supplementary investigation shall be completed within one month, and supplementary investigation shall be limited to two times. After the supplementary investigation, the procuratorate recalculated the time limit for examination and prosecution. After the examination, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding court. That is, it usually takes one month to one and a half months, and the longest will reach five months. Finally, go to court. The trial is based on the system of second instance and final adjudication, and the first instance shall be conducted within one month after the court accepts and pronounces a verdict, and shall not exceed one and a half months at the latest. If it is a case in a remote area, a major criminal group or a fugitive, it can be extended for another month. If the defendant or a party to an incidental civil action refuses to accept the judgment of first instance, he may appeal; If the procuratorate believes that the judgment of the first instance is indeed wrong, it can also lodge a protest with the higher court, and the case will enter the second instance. The trial time limit of the second trial is the same as that of the first trial, which is also one month, not more than one and a half months. If it is a case in a remote area, a major criminal group or a fugitive crime, it can be extended for another month. That is to say: if there is no appeal or protest, it usually takes one month to one and a half months, and the longest is two and a half months. If there is a second trial, it usually takes two to three months, and the longest is five months. If the court considers that the evidence is insufficient and returns it to the procuratorate, the time will be extended. To sum up, a criminal case will be over in five to six months if it is not complicated and the case is simple. If it is more complicated, the longest probation period is about two years.
Is there any objection to jurisdiction in criminal proceedings?
There is no objection to jurisdiction in criminal proceedings, and jurisdiction is controversial, which is also a problem between courts. The defendant has no right to raise an objection to jurisdiction.
Legal provisions: the Supreme People's Court's applicable interpretation.
Article 16 A people's court with jurisdiction may request to be transferred to a people's court at the next higher level for jurisdiction if the case involves the withdrawal of the president. The people's court at the next higher level may have jurisdiction, or it may designate other people's courts at the same level as the people's court making the request to have jurisdiction.
Article 17? A case over which two or more people's courts at the same level have jurisdiction shall be tried by the people's court that initially accepted it. When necessary, it may be transferred to the people's court of the defendant's main crime place for trial.
Jurisdiction disputes shall be settled through consultation during the probation period; If negotiation fails, the disputed people's court shall report to the people's court at the next higher level for designation of jurisdiction.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 18 Criminal cases shall be investigated by public security organs, except as otherwise provided by law.
Crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes of illegal detention, crimes of extorting confessions by state functionaries by torture, crimes of retaliation and framing, crimes of illegal search, and crimes of infringing citizens' democratic rights shall be investigated by the people's procuratorate. If other major criminal cases committed by state functionaries by taking advantage of their functions and powers need to be directly accepted by the people's procuratorate, they may be placed on file for investigation upon the decision of the people's procuratorate at or above the provincial level.
Cases of private prosecution are directly accepted by the people's courts.
Article 107? When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 1 13? The public security organ shall investigate the criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 172? If the people's procuratorate believes that the criminal facts of the 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 to prosecute, file a public prosecution with the people's court in accordance with the provisions of jurisdiction, and transfer the case files and evidence to the people's court.