1. Generally, no prosecution will be initiated in cases over 20 years, because the limitation of prosecution stipulated in the Criminal Law has exceeded. If the maximum legal punishment is life imprisonment or death penalty, after 20 years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
2. Legal basis: Article 87 of the Criminal Law of People's Republic of China (PRC).
Prosecution of crimes of limitation will not be prosecuted after the following time limit:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(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
There is no limit to the time limit for prosecution. After the people's court accepts a case, if the people's procuratorate, public security organ or state security organ files a case for investigation or evades investigation or trial, 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 are the constitutive elements of the crime of intentional homicide?
The constitutive elements of the crime of intentional homicide are as follows:
1, the object of intentional homicide is the right to life of others, and legal life refers to a living body that can breathe and metabolize independently, which is the premise of human existence;
2. The objective elements of the crime of intentional homicide must have the act of depriving others of their lives, which can be composed of actions and omissions. The crime of homicide by omission can only be composed of people who have a specific obligation to prevent others from dying;
3. The subject of intentional homicide is the general subject. Those who have reached the age of 14 but under the age of 18 shall be given a lighter or mitigated punishment.
The subjective elements of the crime of intentional homicide, the crime of intentional homicide must have the intention of illegally depriving others of their lives, including direct intention and indirect intention. That is, knowing that one's actions will lead to the harmful consequences of others' death, and hoping or letting this result happen.