It is understood that the case occurred at 23 o'clock in June 1995 65438+ 10/day. When the defendant drove the truck to the east of the gate of Xipu 'er Grain Station in Yongqiao District, Suzhou City, there was an argument with the victim who came to ask for tea, and the victim insulted the defendant. After getting off the bus, the defendant had a dispute with the victim, and then stabbed the victim with a knife, which was invalid after being rescued. After the incident, the defendant has been absconding and was arrested by the public security organs on June 65438+1October 65438+September, 2020.
From committing the crime to being arrested, the defendant Huang absconded for 25 years, and some netizens worried whether the case had passed the statute of limitations.
What is the limitation of action first? Article 188 of the General Principles of Civil Law of China stipulates that the limitation of action shall be counted from the day when the obligee knows or should know that the right has been damaged and the obligor knows it. Where there are other provisions in the law, those provisions shall prevail. ?
With regard to the limitation of prosecution, the Criminal Law stipulates that crimes exceeding the following time limit shall not be prosecuted:
1. If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years;
2. The statutory maximum penalty is more than 5 years but less than 10 years, or after 10 years;
3. If the statutory maximum penalty is 10 years of fixed-term imprisonment, after 15 years;
4. The maximum legal punishment is life imprisonment or death penalty, after 20 years.
20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval. China's criminal law also stipulates that if a judicial organ evades investigation or trial after taking compulsory measures, it is not limited by the time limit for prosecution.
In this case, the defendant Huang Moumou intentionally injured others' bodies, causing death. The facts of the crime are clear, and the evidence is true and sufficient. He should be investigated for criminal responsibility for intentional injury.
During the trial, the public prosecution agency produced relevant evidence, and the defendant Huang pleaded guilty in court, and the case was pronounced on an elective basis.
?
This law has a long history. Even if the suspect absconds for 20 years, he will still be prosecuted after being reported to the Supreme People's Procuratorate for approval.
What do you want to say about this? Please tell me in the comments section.