There is a time limit for criminal proceedings, and the specific legal provisions and time limit are as follows: Article 124 The time limit for investigation and detention of a criminal suspect after 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 126 If the investigation of the following cases cannot be concluded within the time limit stipulated in Article 124 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government: (1) major and complicated cases in remote areas with very inconvenient transportation; (2) Major criminal group cases; (3) Major and complicated cases of escaping crime; (four) major and complex cases involving a wide range and difficult to obtain evidence. Article 127 A criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years. If the extended period stipulated in Article 126 of this Law expires and the investigation is terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government. Article 138 The People's Procuratorate shall make a decision on a case transferred for prosecution by the public security organ within one month, and may extend it by half a month for major and complicated cases.
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.
Article 168 When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but no later than one and a half months. Under any of the circumstances specified in Article 126 of this Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. According to the above regulations, it usually takes three months (2+ 1=3) from the public security organ to the court after arrest, and four and a half months in special circumstances (3+ 1+ 8 and a half months for major and complicated cases (2+1+) and 65 months for major and complicated cases.
Second, how long is the fastest sentence for drunk driving?
China's "Road Traffic Safety Law" stipulates that "if a drunk driver drives a motor vehicle, the traffic management department of the public security organ will restrain him until he wakes up, revoke his motor vehicle driver's license, and pursue criminal responsibility according to law;" No motor vehicle driver's license shall be obtained again within five years. "Moreover, the Eighth Amendment of the Criminal Law stipulates that those who drive a motor vehicle drunk on the road, or drive a motor vehicle to chase a race on the road, if the circumstances are bad, shall be detained and fined." Therefore, your friend should be sentenced to more than one month and less than six months of criminal detention.
Third, can criminal cases be pronounced to the court?
Not necessarily, depending on the specific case, first look at whether it is administrative detention or criminal detention; If it is administrative detention, the longest is 15 days; If it is criminal detention, the longest detention period is 37 days, and then there will be a result, either arrest or release. If you continue to be detained for investigation after arrest, it will generally be transferred to the court for trial in about half a year (drunk driving cases are the fastest and gang smuggling cases are the slowest). Please ask the case-handling unit for details. It is suggested to entrust a lawyer to handle the interview as soon as possible, apply for bail pending trial on his behalf, keep abreast of the progress of the case, and formulate a litigation plan beneficial to the parties; According to Article 96 of the Criminal Procedure Law, only lawyers can meet with criminal suspects before sentencing. Family members may consider entrusting a lawyer to the detention center to meet the criminal suspect, and carefully understand the specific process of the whole case and his confession to the public security organ. After the meeting, the lawyer will judge the circumstances of the crime and provide legal help and apply for bail pending trial in time; If the case is transferred to the procuratorate or the court, the defense lawyer can go to the procuratorate or the court to read the papers, collect the confessions, documentary evidence, physical evidence and other relevant evidence of the criminal suspect and other accomplices accused by the investigation organ, and make a good defense plan after in-depth study, so as to ensure that the defendant is innocent, lightly punished or suspended at the trial, safeguard the defendant's greatest rights and interests, and strive for the best verdict. There is no death penalty for the specific sentence.