Article 16 of the Criminal Procedure Law shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
2, if the criminal has been found, escape from legal investigation, hiding, will never exceed the prosecution period. Once found by the judicial organs, they can immediately take compulsory measures to investigate criminal responsibility according to law.
Article 88 of the Criminal Law Where a people's procuratorate, a public security organ or a state security organ files a case for investigation or evades investigation or trial after the people's court accepts the case, the extension of the time limit for prosecution is not limited by the time limit for prosecution.
If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution.
Extended data
Case:
An article entitled "The sensational NTU 1. 19 dismembered corpse case became an unsolved case 20 years ago" quickly spread and fermented on the Internet. According to the article, the NTU dismemberment case has been going on for 20 years, and it has passed the statute of limitations stipulated in the criminal law and has become an "unsolved case". In fact, China's criminal law clearly stipulates the conditions that are not limited by the time limit for prosecution, and the statement that "the longest time limit for prosecution is 20 years" cannot be generalized.
This provision is indeed the content of article 87 of China's criminal law, but after this provision, the criminal law has a separate provision, which makes it clear that there is no limit to the time limit for prosecution.
Article 88 of the Criminal Law of People's Republic of China (PRC): If a people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts a case, it is not limited by the time limit for prosecution.
Zhang Zhihua, director of the Criminal Defense Center of Beijing Bank of China (South) Law Firm and deputy director of the Criminal Professional Committee of Jiangsu Lawyers Association, said that the provisions of Article 88 of the Criminal Law indicate that the judicial organ has filed a case and locked the suspect. If the suspect escapes to avoid investigation or trial, there is no case that the "prosecution period" has expired.
In addition, Article 87 of China's Criminal Law also stipulates the time limit for criminal prosecution, that is, "if it is considered necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval". It is too one-sided to determine "no more prosecution" simply by the time limit.
Li Jianming, a professor and doctoral supervisor at the School of Law of Nanjing Normal University, believes that from the provisions of the Criminal Law, if the maximum legal penalty is life imprisonment or death penalty, it will not be prosecuted after 20 years. However, the case of "1. 19" in Nantah was cruel and the case was bad. After the criminal suspect is identified and reported to the Supreme People's Procuratorate for approval, the relevant departments can continue to investigate the criminal responsibility of the murderer.
In addition, Professor Li Jianming expressed different opinions on the argument that the time limit for non-prosecution stipulated in Article 88 of the Criminal Law should be applied to this case. "The legislative intent of Article 88 of the Criminal Law is that, after the judicial organ determines the criminal suspect, if the criminal suspect escapes to avoid investigation, it is not limited by the time limit for prosecution. However, if the criminal suspect has not been identified and the criminal suspect has not voluntarily evaded the investigation, the original prosecution period is still valid. "
During the prosecution period of the People's Daily Online-Nanda dismembered corpse case, the newly enrolled girls were dismembered and dumped in the most prosperous area.