If a lawyer finds that summary procedure is not applicable to a case, he shall, after obtaining the consent of the criminal suspect and the defendant, submit written opinions to the case-handling organ within two working days from the date of discovery. If a lawyer decides not to plead guilty, he shall submit a written opinion to the case-handling organ in time.
The time limit for the application of the expedited procedure to the trial of criminal cases is 10 day, and may be extended to 15 day if the sentence may be more than one year.
For cases that can be applied to criminal summary procedure, in the investigation stage, due to the simplicity of the case, the investigation should generally be completed within 2 months;
In the stage of examination and prosecution, the procuratorate shall make a decision within 10, and the fixed-term imprisonment that may exceed 1 year may be extended to 15;
In the trial stage, the court should generally complete the trial within 10 days. If it is possible to be sentenced to fixed-term imprisonment of more than 1 year, it may be extended to 15 days.
In short, a case that may be subject to criminal summary procedure needs 2 months (within)+10 (15)+10 (15) days, that is, the longest time is 3 months, and the shortest time depends on the investigation period of a specific case.
Characteristics of fast cutting program
1. In the investigation stage, the investigation period is generally not extended, and the investigation should be completed within 2 months.
2. In the stage of review and prosecution, the review period is generally not extended, and the investigation is generally not supplemented.
3. When deciding whether to initiate a prosecution, the procuratorate may suggest that the court apply the expedited procedure when initiating a public prosecution. And the decision to prosecute or not to prosecute shall be made within 10 days. If the defendant may be sentenced to fixed-term imprisonment of more than 1 year, it may be extended to 15 days;
Legal basis:
Criminal procedure law
Article 225 The people's court shall conclude a case that is tried by the expedited procedure within 10 days after accepting it. If the term of imprisonment may exceed one year, it may be extended to fifteen days.