1. The procuratorate initiated a public prosecution, and how long did the court open? It takes 30 days from the prosecution by the procuratorate to the trial, which can be extended with approval.
(1) According to the provisions of Article 169 of the Criminal Procedure Law, the people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and may extend it for half a month for major and complicated cases. 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.
(2) In criminal proceedings, the time limit for examination and prosecution by the procuratorate is one month, and it can be extended by half a month if the situation is complicated. If the facts are unclear and the evidence is insufficient, it can be returned to the public security for supplementary investigation (the time limit is one month, and it can be returned twice at most);
(3) If the jurisdiction of a case is changed, the time limit for examination and prosecution shall be counted from the date when the changed procuratorate receives the case. Therefore, the procuratorate will generally file a public prosecution with the court within one month after receiving the case, depending on the actual situation of the case, which will not exceed the statutory maximum period.
Second, how long does it take for the procuratorate to initiate a public prosecution? According to Article 18 1 of the Interpretation of the Criminal Procedure Law of the Supreme Court, the people's court shall complete the examination of the public prosecution case of the procuratorate within seven days and decide whether to accept it or not.
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 181 The people's court shall, after examining a case in which a public prosecution has been initiated, handle it separately according to the following circumstances:
(1) A case handled after being informed shall be returned to the People's Procuratorate, and the victim shall be informed of the right to initiate private prosecution;
(2) If it is not under the jurisdiction of this court or the defendant is not within the scope of filing a case, it shall be returned to the people's procuratorate;
(three) does not meet one of the provisions of the preceding article second to eighth, the need for supplementary materials, it shall notify the people's Procuratorate within three days to send;
(4) After the defendant is acquitted in accordance with the third provision of Article 195 of the Criminal Procedure Law, if the people's procuratorate re-prosecutes according to new facts and evidence, it shall accept the case according to law;
(5) In accordance with the provisions of Article 242nd of this Interpretation, if there are no new facts and evidence, the case allowed to be withdrawn shall be returned to the People's Procuratorate;
(six) in accordance with the provisions of the second to sixth items of Article 15 of the Criminal Procedure Law, it is decided to terminate the trial or return it to the people's procuratorate;
(seven) if the true identity of the defendant is unknown, but it conforms to the provisions of the second paragraph of Article 158 of the Criminal Procedure Law, it shall be accepted according to law.
Whether a case of public prosecution is accepted or not shall be reviewed within seven days.
Third, what does the procuratorate mean by prosecution? As a kind of prosecution, it refers to a litigation activity in which the people's procuratorate conducts a comprehensive review of cases that have been investigated and transferred to public security organs for prosecution, and submits criminal suspects who should be investigated for criminal responsibility to the people's court for trial.
The conditions for prosecution by procuratorial organs mainly include the following contents:
(a) the criminal suspect's behavior has constituted a crime according to law.
(2) The evidence is true and sufficient.
(3) criminal responsibility shall be investigated according to law.
Article 172 of the Criminal Procedure Law: If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court.
The above is how long it takes for the procuratorate to file a public prosecution with the court. From the above, it can be seen that in practice, the time when the court accepts criminal cases filed by the procuratorate is certain. If you have other legal questions, please consult the Legal Express, and we will have professional lawyers to answer your doubts.