The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months.
If summary procedure is applied, the time limit for handling criminal cases is 20 days; However, if the possible fixed-term imprisonment exceeds three years, it may be extended to one and a half months; If the expedited procedure is applicable, the time limit for handling criminal cases is ten days; If the term of imprisonment may exceed one year, it may be extended to fifteen days.
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. Particularly important and complicated cases that are not suitable for long-term trial due to special reasons shall be submitted by the Supreme People's Procuratorate to the NPC Standing Committee for approval to postpone the trial. The first is criminal detention. After detention, arrests are usually made. After arrest, the investigation period is two months. If two months is not enough, it can be extended with the approval of the procuratorate according to the situation. After the investigation is completed, the time limit of the procuratorate is 1 month, but not more than one and a half months. If the facts are unclear, they can be returned to the police for supplementary investigation, and the supplementary investigation is limited to two times, each time 1 month. After each supplementary investigation, the procuratorate recalculates the time limit for handling cases. The next step is to go to court, which usually takes two or three months. During this period, if there is a big dispute, the procuratorate can request an extension of the trial for at most two times. Generally, the procuratorate will ask the public security organs to check the evidence, not collect it.
legal ground
Article 220 of the Criminal Procedure Law When a case is tried by summary procedure, the people's court shall conclude the case within 20 days after accepting it. If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
Article 225 of the Criminal Procedure Law applies the expedited procedure to hear a case, and the people's court shall conclude the case within 10 days after accepting it. If the term of imprisonment may exceed one year, it may be extended to fifteen days.
Article 1 17 of the criminal procedure law.
If a party, defender, agent ad litem or interested party commits one of the following acts against the judicial organ and its staff, it has the right to appeal or accuse the judicial organ:
(a) the compulsory measures are not lifted, lifted or changed at the expiration of the statutory time limit;
(2) The bail bond that should be returned has not been returned;
(3) Take measures of sealing up, distraining and freezing the property irrelevant to the case;
(four) the seizure, seizure and freezing should be lifted;
(5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations. The organ that accepts the complaint or accusation shall deal with it in time. If you are dissatisfied with the handling, you may appeal to the people's procuratorate at the same level; Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it.
Article 227 of the Criminal Procedure Law
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. The defendant shall not be deprived of the right to appeal under any pretext.
Article 107 of the Criminal Procedure Law
When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction. The public security organ shall make a decision on whether to file a case within 7 days.
Article 113 of the Criminal Procedure Law: A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.