Hello, my friend, I have read your question in detail. According to your description, my work experience and relevant laws and regulations, my reply is as follows: 1. The procedure of criminal cases is roughly as follows: first, the public security organs take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended by one to four days. The procuratorate usually decides whether to approve the arrest within seven days. For major suspects who commit crimes on the run, in gang or repeatedly, the investigation period after arrest shall generally not exceed two months. For complicated cases, it 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. Generally, it is one month to one and a half months, and it will reach five months at the longest. Finally, go to court. The trial is based on the system of second instance and final appeal. The first instance shall be conducted within two months after the court accepts the case, and shall not exceed three months at the latest. If it is a case that may be sentenced to death or incidental civil litigation, as well as cases in remote areas, cases of major criminal groups and cases of fugitives, it may be extended for another three months with the approval of the people's court at a higher level. 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 time limit for appeal and protest against the judgment is ten days, and the time limit for appeal and protest against the ruling is five days, counting from the second day after receiving the judgment. The time limit for the trial of second instance shall be concluded within two months, and cases that may be sentenced to death or incidental civil proceedings, as well as cases in remote areas, major criminal groups and fugitives, may be extended for another two months. If there is no appeal or protest, it usually takes two months to three and a half months, and the longest is six months. If there is a second trial, it is usually two months, and the longest is four 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. In practice, the phenomenon of extended detention is very common. If this happens, it is necessary to hire a lawyer to appeal and apply for bail pending trial in time to safeguard the legitimate rights of the criminal suspect (defendant). After the court pronounced the sentence, the time spent in the detention center was deducted from the sentence period. If the sentence is less than one year, the remaining sentence will be served in the detention center, and the sentence will generally not be reduced in the detention center. If it exceeds one year, it will be sent to different prisons after a period of time according to the length of the remaining sentence. Those who serve their sentences in prison and meet the conditions of commutation, parole and medical parole may apply for commutation, parole and medical parole.
Legal basis:
"Interim Measures for Discipline Inspection and Supervision Organs to Handle Real-name Reporting" Article 15 After receiving a complaint from a higher-level discipline inspection and supervision organ, the petition department of the discipline inspection and supervision organ shall, within 5 working days from the date of receipt, send it to the principal responsible person of the organ and submit it to the petition department of the higher-level discipline inspection and supervision organ; Upon receipt of the report reflecting the problem of the principal responsible person of this organ, it shall be sent to the petition department of the discipline inspection and supervision organ at the next higher level. The reports and accusations accepted by the discipline inspection and supervision organs at higher levels shall not be concealed, omitted or delayed, the scope of understanding shall not be expanded, the contents of reports and accusations shall not be copied or abstracted, and relevant information shall not be entered into the platform of reports and accusations.