Under normal circumstances, it is decided whether to file a case within seven days. When the public security organ receives the criminal clues, it needs to examine them before deciding whether to file a case. According to the complexity of the case, there are different provisions. Major and complicated cases may be extended to 30 days with the approval of the person in charge of the public security organ at or above the county level.
According to Article 162 of the Procedures for Handling Criminal Cases by Public Security Organs, after accepting a case, the public security organ thinks that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and the accepting unit shall make a criminal filing report and file the case with the approval of the person in charge of the public security organ at or above the county level. If it is considered that there is no criminal fact, or the circumstances of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, or there are other circumstances in which criminal responsibility is not pursued according to law, the receiving unit shall make a petition report of not filing a case, and shall not file a case with the approval of the person in charge of the public security organ at or above the county level. Article 163 If a complainant decides not to file a case, the public security organ shall make a notice of not filing the case and serve it on the complainant within seven days. If the complainant refuses to accept the decision not to file a case, he may apply for reconsideration to the original public security organ within seven days after receiving the notice of not filing a case. The public security organ that originally decided shall make a decision within ten days after receiving the application for reconsideration, and notify the complainant in writing. Article 164 If a people's procuratorate requests to explain the reasons for not filing a case, it shall make a statement of reasons for not filing a case within seven days, and notify the people's procuratorate after it is approved by the person in charge of the public security organ at or above the county level. If the people's procuratorate considers that the reason for not filing a case cannot be established, the public security organ shall decide to file a case within fifteen days after receiving the notice of the people's procuratorate's request for filing a case, and serve the decision on filing a case on the people's procuratorate.
First of all, the public security organs will take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended for one to four days. The procuratorate usually decides whether to approve the arrest within seven days. If it is a major suspect who commits a crime on the run, in a gang or for many times, the time for requesting arrest can be extended to one month, that is to say, criminal detention is generally more than ten days, and the longest is 37 days.
The investigation period after arrest shall generally not exceed two months, and the case with complicated circumstances may be extended by one month with the approval of the people's procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, a fugitive crime, etc. With the approval of the provincial procuratorate, it can be extended for another two months. With the approval of the provincial procuratorate, the criminal suspect who may be sentenced to a penalty of less than ten years will be extended for another two months.
In other words, the public security stage usually lasts about two and a half months to three months, and the longest is eight months.
Then, the case is written by the case handlers of the public security organs, and the files and evidence are transferred to the procuratorate, that is, the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month.
If the procuratorate deems it necessary to make supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. Supplementary investigation shall be completed within one month, and supplementary investigation shall be limited to two times. After the supplementary investigation, the procuratorate recalculated the time limit for examination and prosecution.
After the examination, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding court.
That is, it usually takes one month to one and a half months, and the longest will reach five months.
Finally, go to court. The trial is based on the system of second instance and final adjudication, and the first instance shall be conducted within one month after the court accepts and pronounces a verdict, and shall not exceed one and a half months at the latest. If it is a case in a remote area, a major criminal group or a fugitive, it can be extended for another month.
If the defendant or a party to an incidental civil action refuses to accept the judgment of first instance, he may appeal; If the procuratorate believes that the judgment of the first instance is indeed wrong, it can also lodge a protest with the higher court, and the case will enter the second instance.
The trial time limit of the second trial is the same as that of the first trial, which is also one month, not more than one and a half months. If it is a case in a remote area, a major criminal group or a fugitive crime, it can be extended for another month.
In other words, if there is no appeal or protest, it usually takes one month to one and a half months, and the longest is two and a half months.
If there is a second trial, it usually takes two to three months, up to five months.
If the court considers that the evidence is insufficient and returns it to the procuratorate, the time will be extended.
To sum up, a criminal case will be over in five to six months if it is not complicated and the case is simple. If it is more complicated, the longest probation period is about two years.
In practice, the phenomenon of extended detention is very common. If this happens, it is necessary to hire a lawyer to appeal and apply for bail pending trial in time to safeguard the legitimate rights of the criminal suspect (defendant).
After the court pronounced the sentence, the time spent in the detention center was deducted from the sentence period.
If the sentence is less than one year, the remaining sentence will be served in the detention center, and the sentence will generally not be reduced in the detention center. If it exceeds one year, it will be sent to different prisons after a period of time according to the length of the remaining sentence.
The reason why it takes time to file a case is because the public security organs need to conduct a series of reviews of cases, and only those cases that meet the conditions for filing will be filed. Therefore, if the parties go to report the case, it is best to know in advance what are the conditions for filing the following cases.