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.
2. Arrest and investigation: generally 2 months, up to 7 months.
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.
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 following cases that cannot be concluded after the expiration of the time limit stipulated in Article 124 of the Criminal Procedure Law may be extended for two months with the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities 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.
If the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, and the investigation cannot be concluded after the extension of the time limit in accordance with Article 126 of the Criminal Procedure Law, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government.
In the process of investigation, if the suspect is found to have other important criminal acts, the period of investigation and detention shall be recalculated from the date of discovery.
If a criminal suspect does not give his real name and address, and his identity is unknown, the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped. If the facts of the crime are clear and the evidence is true and sufficient, they may also be transferred to the people's procuratorate for examination and prosecution according to their self-reported names.
Three. Review and prosecution: usually 1.5 months, and the longest is 2.5 months.
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.
When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation. A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
Fourth, the first instance of the court: generally 1.5 months, with a maximum of 2.5 months (excluding supplementary investigation and change of jurisdiction).
When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances stipulated in Article 6 of the Criminal Procedure 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.
During the court hearing, if one of the following circumstances affects the trial, the trial may be postponed:
(1) It is necessary to notify a new witness to appear in court, obtain new material evidence, re-evaluate or conduct an inquest;
(two) prosecutors found that the case of public prosecution needs supplementary investigation and put forward suggestions;
(3) The trial cannot be conducted because the parties apply for withdrawal.
If the public prosecutor finds that the case under public prosecution needs supplementary investigation and proposes to postpone the trial, the people's procuratorate shall complete the supplementary investigation within one month.
If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case.
The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
V. Second instance of the court: generally 1.5 months, with a maximum of 2.5 months.
When accepting an appeal or protest case, the people's court of second instance shall conclude the case within one month, but not more than one and a half months at the latest. Under any of the circumstances stipulated in Article 126 of the Criminal Procedure 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, but the case of appeal or protest accepted by the Supreme People's Court shall be decided by the Supreme People's Court.
To sum up, the longest time for general criminal cases is about 7 months, and the longest time for special cases is nearly 16 months, or even longer. In practice, there are many cases that haven't got the first-instance judgment for one year, so please wait patiently for your family members, and lawyers are also very anxious. However, there is no good way under the existing legal framework, so we can only try our best to get a judgment as soon as possible. Minor criminal cases with clear facts, such as drunk driving, may be solved within half a month from the beginning of detention to the judgment.
Xiamen tuzhiwen lawyer office