Article 88 of the "Criminal Law": Anyone who evades investigation or trial after the People's Procuratorate, Public Security Bureau, and National Security Bureau has filed a case for investigation or the People's Court has accepted the case shall not be subject to the limitation of the prosecution period.
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.
The statute of limitations refers to the effective period for pursuing crimes or infringements in accordance with the provisions of the criminal law. If the criminal act has exceeded the statute of limitations stipulated by law, legal responsibility will not be pursued; if legal responsibility has been investigated, the case should be dismissed.
The statute of limitations for prosecution in criminal cases is determined based on the severity of legal punishment for various crimes:
1. If the statutory maximum penalty is less than five years’ imprisonment, the statute of limitations for prosecution shall be is five years;
2. If the statutory maximum penalty is more than five years but less than 10 years, the statute of limitations for prosecution is 10 years. Criminal cases refer to cases in which criminal suspects or defendants are accused of violating social relations protected by criminal law, and are investigated and tried by the state and given criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.). ) to hold criminal suspects or defendants accountable. ?
Extended data:
1. How to arrest fugitives in criminal law
Arresting fugitives is a criminal coercive measure taken by the People’s Procuratorate after examining their suspected illegal crimes. However, Implemented by the public security organs. If a fugitive is captured, he shall be given a heavier sentence, and if he surrenders, he shall be given a lighter or reduced punishment.
Second, arrest and escape
The execution form of arrest is the same as criminal detention, but arrest has more legal effect. Criminal detention is a measure taken against the criminal suspect in order to find out the truth of the case. criminal coercive measures. Arresting a fugitive is a criminal coercive measure taken by the People's Procuratorate after examining his suspected illegal crimes, but it is implemented by the public security agency. If a fugitive is captured, he shall be given a heavier sentence, and if he surrenders, he shall be given a lighter or reduced punishment.
Third, the power of arrest
The power of arrest is an important part of the country’s judicial power, and its configuration is directly related to the fairness of criminal justice. Since judicial organs have an authoritative role and decisive influence in criminal proceedings, the power of arrest is consistent with judicial functions and helps to achieve procedural justice. Therefore, the exercise of the power of arrest by judicial organs is of great significance.
The procuratorate that assumes the function of charging in criminal proceedings cannot enjoy the power of arrest. Otherwise, it will not only break the balance of prosecution and defense as the core mechanism of modern litigation procedures, but also easily make this judicial power become an uncontrolled legal system. External privileges have resulted in serious injustice in criminal justice.
Reference materials:
Baidu Encyclopedia-Criminal Procedure Law