How soon can a criminal case go to court?
20 19.07.3 1 criminal defense1717/viewpoint.
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Lawyer Yao Zhiming gives lectures to lawyers.
Yingke lawyer office Guangzhou office
Consulting TA
Video content:
A criminal case has to go through two stages: filing and investigation, examination and prosecution, in which the criminal detention in the filing and investigation stage does not exceed 37 days, and the period of investigation and detention generally does not exceed two months, which can be extended if the situation is complicated; The time limit for the procuratorate to examine and prosecute is one month, which can be extended if the situation is complicated.
Duration of investigation and detention:
1, no more than 2 months after the arrest of the suspect;
2. If the case is complicated and cannot be terminated at the expiration of the time limit, it can be extended by 1 month;
3, in line with the provisions of article 126 of the criminal procedure law, can be extended for 2 months;
4. If the suspect may be sentenced to fixed-term imprisonment of more than 10 years, the extension period shall expire according to Article 126 of the Criminal Procedure Law, and if the investigation cannot be concluded, it may be extended for another two months;
5. If other important crimes are found, the time limit will be recalculated.
Theoretically, it will take at most seven months from the arrest to the investigation stage to the procuratorate, but generally it will not take so long. Generally, a period of 2-3 months is more common.
Review the prosecution period:
1, review and prosecution time, 1 month;
2, major and complicated cases, can be extended for half a month;
3. If the jurisdiction is changed, it shall be counted from the date when the changed procuratorate receives the case;
4. Return the supplementary investigation twice, each time 1 month;
5, the victim's appeal against the decision not to appeal, within 7 days;
6, according to the provisions of the criminal law, the person who is not prosecuted makes a decision not to prosecute within 7 days.
This is what we usually call "three extensions and two retreats".
Legal basis:
Article 156 of the Criminal Procedure Law of People's Republic of China (PRC)
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.
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