According to the regulations, the time limit for investigating and handling a case after the public security organ arrests a criminal suspect shall not exceed two months, and the people's procuratorate shall make a decision on whether to prosecute the case transferred by the public security organ within one month. 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.
How long will it take to be arrested and sentenced by the court after criminal detention?
1. According to Article 156 of the current Criminal Procedure Law, general cases,
(1) Public security stage: the longest investigation period is 37 days, and the investigation detention after arrest is generally 2 months;
(2) Procuratorate stage: 1 month;
(3) Court stage: 3 months; Therefore, it takes about 7 months for a general criminal case.
2. Major and complicated cases
(1) Public security stage: the longest period of investigation and detention after arrest is 7 months;
(2) Procuratorial stage: 6.5 months at the longest;
(3) Court stage: up to 20 months. Therefore, the longest time for major and complicated cases is more than two years, and those who have the right to ask questions will be longer.
3. Once you enter the criminal justice process, entrust a lawyer who specializes in criminal defense business as soon as possible: If the case is related to the personal freedom and property rights of the parties in the criminal justice process, you can't wait and wait-every litigation stage, that is, public prosecution, law or investigation, prosecution and trial, criminal defense lawyers have specific work contents, and they conduct specific defense work for different judicial documents and evidence materials held by the three organs respectively. Put forward different criminal lawyer documents to the three organs respectively, and persuade the case-handling organ to write the lawyer's defense opinions into judicial documents such as prosecution opinions, indictments or judgments. If criminal defense lawyers are entrusted only at the court stage, they will lose the opportunity to implement facts and circumstances in favor of criminal suspects and criminal defendants at the public and procuratorial stages.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 154 The period of investigation and detention of a criminal suspect after his 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 the next higher level.
Criminal Procedure Law of the People's Republic of China
Article 156 If the investigation of the following cases cannot be concluded at the expiration of the time limit stipulated in Article 154 of this Law, it 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:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Criminal Procedure Law of the People's Republic of China
Article 157 A criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years. If the extended period stipulated in Article 156 of this Law expires and the investigation is terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government.