1. Time limit for public security organs to accept criminal cases of reporting, accusing, reporting and surrendering. In general, it decides whether to file a case within seven days. Major and complicated clues can be extended to 30 days with the approval of the person in charge of the county-level public security organ. Particularly important and complicated clues, with the approval of the person in charge of the local public security organ, the time limit for filing a case for review can be extended to 60 days. If the case is not filed, the staff will make a notice of not filing the case. After the relevant person in charge agrees, he will inform the complainant of the reasons for not filing the case and inform the complainant that if he refuses to accept it, he can apply for reconsideration.
2. Legal basis: 208th Article of the Criminal Procedure Law of People's Republic of China (PRC).
When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. 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.
Second, what is the general criminal case process?
The general criminal case flow is as follows:
1, investigation. The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect;
2. Review the prosecution. When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case of private prosecution, inform the defendant of the right to entrust a defender;
3. trial. After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.