According to the provisions of Article 87 of the "Criminal Law", crimes exceeding the following time limits will not be prosecuted: (1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, five years have passed; (2) If the statutory maximum penalty is fixed-term imprisonment of not less than five years and not more than ten years, it shall be ten years; (3) If the statutory maximum penalty is fixed-term imprisonment of not less than ten years, after fifteen years; (4) If the statutory maximum penalty is life imprisonment or death, After twenty years. If the Eryin Shu believes that prosecution is necessary after ten years, it should be submitted to the Supreme People's Procuratorate for approval.
It should be pointed out that:
1. If the criminal case has been filed for investigation by the People’s Procuratorate, the Public Security Bureau, or the National Security Bureau, or has been accepted by the People’s Court, the criminal suspect evades investigation or trial. , is not subject to the limitation of the time limit for prosecution.
2. 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 fails to do so, the case shall not be subject to the limitation of the time limit for prosecution.
3. The period of prosecution shall be calculated from the date of the crime; if the criminal act is continuous or continuing, it shall be calculated from the date of the end of the criminal act. If a crime is committed within the prosecution period, the prosecution period for the previous crime shall be calculated from the date of the subsequent crime.
Farner’s Rough Legal Basis
Article 87 of the Criminal Law of the People’s Republic of China
After the following time limit is exceeded, the crime will not be prosecuted :
(1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, five years have passed;
(2) If the statutory maximum penalty is between five years and not more than ten years of fixed-term imprisonment, after five years Ten years;
(3) If the statutory maximum penalty is fixed-term imprisonment of more than ten years, after fifteen years;
(4) If the statutory maximum penalty is life imprisonment or death, after 15 years Twenty years. If it is deemed necessary to prosecute after 20 years, it shall be submitted to the Supreme People's Procuratorate for approval.