1, criminal detention period
Article 91 of the Criminal Procedure Law 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.
However, for the investigation of cases directly accepted by the People's Procuratorate, the detention period is 17 days.
2. Time limit for the investigation phase
The period of investigation and detention after 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 a higher level.
The investigation has not been completed within the above-mentioned time limit, and it belongs to a major and complicated case in a remote area with very inconvenient transportation as stipulated in Article 156; Or a major criminal group case; Or a major or complicated escape crime case; Or major and complicated cases involving a wide range and difficulties in obtaining evidence may be extended for two months with the approval or decision of the people's procuratorate of a province (autonomous region or municipality directly under the Central Government).
For those who may be sentenced to fixed-term imprisonment of more than 10 years, if the investigation cannot be completed within the above-mentioned time limit, it may be extended for another two months with the approval or decision of the people's procuratorate of the province (autonomous region or municipality directly under the Central Government). Therefore, the investigation period is seven months.
3. Review and prosecution stage
The procuratorate shall make a decision on the case transferred by the public security organ for examination and prosecution within one month, and the major and complicated cases may be extended by half a month. It was a month and a half.
In addition, there will be cases of returning to the public security organs for supplementary investigation for a period of one month. If the supplementary investigation is completed and transferred, the time limit for examination and prosecution shall be recalculated. Return for supplementary investigation is limited to two times.
4. Trial stage (first instance)
The court shall make a judgment within two months after accepting the case, and no later than three months. However, under the circumstances stipulated in Article 156, it may be extended for three months with the approval of a higher court; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. In addition, the time limit for supplementary investigation by the procuratorate is recalculated after being transferred to the court.
Extended data:
Quick trial of cases
On the morning of 2018114, the criminal trial court of Dong 'an District Court held a public hearing to hear the case of the defendant Li Moumou's intentional injury. After trial, the court found that Li was guilty of intentional injury and sentenced Li to four months' criminal detention, suspended for six months, and pronounced the sentence in court.
The case took less than 10 minutes from the trial to the verdict. It is the first criminal case tried and pronounced by Mudanjiang court in a fast-track procedure after the revision and implementation of the Criminal Procedure Law on June 26, 2065,438+08.
2065438+081On October 26th, the Sixth Session of the 13th the National People's Congress Standing Committee (NPCSC) voted to adopt the decision on amending the Criminal Procedure Law. The quick adjudication procedure is one of the highlights of the revision of the criminal procedure law.
In the past, it took a long time to try criminal cases by summary procedure, while the trial of cases by speedy procedure was not limited by delivery time limit, and court investigation and court debate were generally not carried out, which was beneficial to realize the diversion of complex cases, optimize the allocation of judicial resources, improve the quality and efficiency of trials and save judicial resources.
In the future, Mudanjiang court will continue to operate the trial mode of "centralized trial of complex cases and quick trial of simple cases", at the same time, increase the use of quick trial procedures, deepen reform, separate complex cases from simplified cases, concentrate on handling quick trial cases, and improve the sentencing rate in court. At the same time, strengthen communication and docking with the judicial bureau and the procuratorate, and further improve the working mechanism of fast cutting in exploration.
References:
China government network-criminal procedure law
References:
Baidu encyclopedia-first instance