According to the Criminal Procedure Law of People's Republic of China (PRC), criminal cases mainly include the following procedures:
Part II Filing, Investigation and Prosecution
Chapter I Filing a Case
Chapter II Investigation
Chapter III Prosecution
Part III Trial
Chapter I Trial Organization
Chapter II Procedure of First Instance
Chapter III Procedure of Second Instance
Chapter IV Review Procedure of Death Penalty
Chapter V Procedure of Trial Supervision
Part IV Implementation
The time limit for handling cases conforms to the provisions of the Criminal Procedure Law and judicial practice, except for cross-regional crimes, gang or group crimes, fugitive crimes, major cases involving a wide range of difficulties in obtaining evidence, and complex economic crimes with inconvenient transportation.
The time limit for handling ordinary criminal cases is as follows:
Article 84 Duration of detention
The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.
Article 89 Time limit for submitting arrest warrant and examining arrest warrant
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it.
Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 149th Provisions on Determining the Time Limit for Technical Investigation Measures
The approval decision shall determine the types and applicable objects of technical investigation measures according to the needs of investigating crimes. The approval decision is valid for three months from the date of issuance.
Those who do not need to continue to take technical investigation measures shall be lifted in time; For complex and difficult cases, if technical investigation measures need to be taken after the expiration of the time limit, the validity period may be extended after approval, and each time shall not exceed three months.
154th general investigation detention period
The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
Article 169 Time limit for examination and prosecution
The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
The above totals 200 days, excluding the possibility that:
Returned to the public security organ for supplementary investigation at the stage of examination and prosecution (up to 2 times, 30 days/time, and the time limit for examination and prosecution is recalculated each time);
During the trial, the procuratorial organ deems it necessary to postpone the trial.
If the procuratorate refuses to approve the arrest, the public security organ shall immediately release the criminal suspect in custody after receiving the decision not to approve the arrest.
For those who should be prosecuted but do not meet the conditions for arrest, compulsory measures can be changed to bail pending trial or residential surveillance.
Extended data:
Criminal Procedure Law of the People's Republic of China
Chapter VI Compulsory Measures
Article 82 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Article 83 When a public security organ carries out detention or arrest in a different place, it shall notify the public security organ in the place where the detained or arrested person is located, and the public security organ in the place where the detained or arrested person is located shall cooperate.
Article 84 In any of the following circumstances, any citizen may immediately hand it over to a public security organ, a people's procuratorate or a people's court for handling:
(1) A crime is being committed or is discovered immediately after the crime;
(2) Being wanted;
(3) Escaping from prison;
(4) being pursued.
Article 85 When a public security organ detains a person, it must produce a detention permit.
After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Article 86 The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.
Article 87 When a public security organ requests the arrest of a criminal suspect, it shall write a letter of approval of the arrest, together with case files and evidence, and submit it to the people's procuratorate at the same level for examination and approval. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
Article 88 After the people's procuratorate has examined and approved the arrest, it may interrogate the criminal suspect. In any of the following circumstances, the criminal suspect shall be interrogated:
(1) Having doubts about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(3) There may be major illegal acts in the investigation activities.
When examining and approving an arrest, the people's procuratorate may ask witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
Article 89 The people's procuratorate shall decide whether to examine and approve the arrest of a criminal suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 90 After examining the cases submitted by the public security organs for approval of arrest, the people's procuratorate shall decide whether to approve the arrest or not according to the circumstances. The public security organ shall immediately execute the decision to approve the arrest,
And inform the people's procuratorate of the implementation in a timely manner. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ.
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall release it immediately after receiving the notice.
And inform the people's procuratorate of the implementation in a timely manner. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 92 If the public security organ thinks that the people's procuratorate's decision not to approve the arrest is wrong, it may request reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may be submitted to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review and make a decision on whether to change it, and notify the people's procuratorate at a lower level and the public security organ to implement it.
Article 93 When arresting a person, the public security organ must produce an arrest warrant.
After the arrest, the arrested person shall be immediately sent to the detention center for custody. Unless it is impossible to notify, the family of the arrested person shall be notified within 24 hours after the arrest.
Article 94 People's courts and people's procuratorates must interrogate people who decide to arrest themselves, and public security organs must interrogate people who are arrested with the approval of people's procuratorates within 24 hours after arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued.
Article 95 After a criminal suspect or defendant is arrested, the people's procuratorate shall still examine the necessity of detention. If it is not necessary to continue detention, it shall be suggested to release or change compulsory measures. The relevant authorities shall notify the people's procuratorate of the handling within ten days.
Article 96 If the people's courts, people's procuratorates and public security organs find that the compulsory measures taken against criminal suspects and defendants are improper, they shall promptly cancel or change them. If the public security organ releases the arrested person or changes the arrest measures, it shall notify the people's procuratorate that originally approved it.
Article 97 A criminal suspect or defendant, his legal representative, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.
Article 98 If a case of detaining a criminal suspect or defendant cannot be settled within the time limit of investigation, detention, examination and prosecution, first instance and second instance as stipulated in this Law, the criminal suspect or defendant shall be released; If it is necessary to continue verification and trial, the criminal suspect or defendant may be released on bail pending trial or under residential surveillance.
Article 99 A people's court, people's procuratorate or public security organ shall release a criminal suspect or defendant after the expiration of compulsory measures, obtain bail pending trial, place him under residential surveillance or change compulsory measures according to law. When the statutory time limit for the people's court, the people's procuratorate or the public security organ to take compulsory measures expires, the criminal suspect, the defendant and his legal representative, close relatives or defenders have the right to demand the cancellation of compulsory measures.
Article 100 If the people's procuratorate finds that the investigation activities of the public security organ are illegal in the process of examining and approving the arrest, it shall notify the public security organ to correct it, and the public security organ shall notify the people's procuratorate of the correction.
Chapter VIII Duration and Delivery
Article 105 Time periods shall be calculated by hours, days and months.
The time and date when the cycle starts are not included in the cycle.
The legal period does not include the time on the road. If the appeal or other documents have been sent before the expiration, it is not overdue.
If the last day of the time limit falls on a holiday, the first day after the holiday shall be regarded as the expiration date of the time limit, but the detention period of criminal suspects, defendants and criminals shall be regarded as the expiration date on that day and shall not be extended due to the holiday.
Article 106 If a party delays the time limit due to irresistible reasons or other legitimate reasons, it may, within five days after the obstacle is removed, apply to continue the litigation activities that should be completed before the time limit expires.
Whether to approve the application mentioned in the preceding paragraph shall be decided by the people's court.
Article 107 The service of subpoenas, notices and other litigation documents shall be delivered to the addressee himself; If I am not here, I can give it to his adult family or the person in charge of the unit to collect it.
If the addressee himself or his agent refuses to accept or sign or seal, the addressee may invite his neighbors or other witnesses to be present, explain the situation, leave the document at his residence, record the reasons for refusal and the date of delivery on the service receipt, and the addressee will sign it, which means delivery.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law