The statutory maximum penalty refers to the highest sentencing in the sentencing circumstances corresponding to the actual crime. The limitation of prosecution refers to the effective period of investigating the criminal responsibility of criminals in accordance with the provisions of the criminal law. If a criminal has committed a crime beyond the limitation period stipulated in the criminal law, he shall not be investigated for criminal responsibility; If criminal responsibility has been investigated, the case should be dismissed. The length of the limitation of prosecution has an important relationship with the social harm of specific crimes. For crimes with great social harm, the limitation of prosecution is long, on the contrary, the limitation of prosecution is short. When determining the statutory maximum penalty, it should be determined according to different situations. If there are several or more provisions for the applicable punishment of a crime, the statutory maximum punishment shall be calculated according to the provisions applicable to the crime; If there are several sentencing ranges in the same article, it shall be calculated according to the statutory maximum penalty of the sentencing range applicable to the crime; If there is only a single sentencing range, it shall be calculated according to the statutory maximum penalty in this article.
What matters should be paid attention to when entrusting a lawyer to file a lawsuit?
(1) for qualification examination.
According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when looking for a lawyer, the parties must examine the qualifications of the lawyer and see if they have a lawyer's practice license.
(2) Understand the organization
A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation.
(3) signing an agreement
When hiring a lawyer, a written agreement should be signed to clarify the rights and obligations of both parties. In particular, we should not take the cost of hiring a lawyer lightly. Be sure to make it clear how much the lawsuit will win or lose, and how much the first and second trials will cost respectively. We must make it clear in the agreement that we need a receipt when we pay.
(4) The authorization should be clear.
Some parties fill in the power of attorney when hiring a lawyer, but the scope of authorization is not clear. I think as long as I pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and the results of handling the case are not clear. Who knows, due to the legal consequences of unclear authorization, the licensor is responsible.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 87 of the Criminal Law of People's Republic of China (PRC) * * * A crime with a limitation period shall not be prosecuted after the following period:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.