1. detention: generally 14 days, with a maximum of 37 days;
Article 69 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. 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.
(Article 124 The time limit for 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.
Article 125 For particularly serious and complicated cases that cannot be submitted for trial for a long time due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Article 126 If the investigation of the following cases cannot be concluded within the time limit specified in Article 124 of this Law, it 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.
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 128 In the course of investigation, if a criminal suspect is found to have committed other major criminal acts, the time limit for investigation and detention shall be recalculated from the date of discovery in accordance with the provisions of Article 124 of this Law.
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.
(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 140 When examining a case, a people's procuratorate may request the public security organ to provide evidence materials necessary for the trial.
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.
If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute. )
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).
(Article 164 The written judgment shall be signed by the members of the collegial panel and the clerk, and the time limit for appeal and the court of appeal shall be specified.
Article 165 In the course of a 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.
Article 166 The People's Procuratorate shall complete the supplementary investigation of a case postponed in accordance with the provisions of the second paragraph of Article 165 of this Law within one month.
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.
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.
(Article 196 When accepting an appeal or protest case, the people's court of second instance shall conclude it within one month, but not more than one and a half months at the latest. 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, but the case of appeal or protest accepted by the Supreme People's Court shall be decided by the Supreme People's Court. )
So it is usually about 7 months, and the longest is 16 months (maybe longer).
It usually takes about seven months from criminal detention to final sentence, but due to various situations during this period, it may take a long time from criminal detention to final sentence in a special period.
According to the time limit of detention, arrest, first trial and second trial in China's criminal procedure law, we calculate that the time limit from detention to sentencing is generally about 7 months, and the longest time can be as close as 16 months (maybe longer). I hope the article compiled by lawyer 365 Bian Xiao can provide you with some help.