After criminal cases are reconciled, the procuratorate may not prosecute, but not all criminal cases can be reconciled. The public prosecution cases that can be reconciled are:
1. Suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law due to civil disputes, and may be sentenced to fixed-term imprisonment of not more than three years;
2 criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
What is the time limit for prosecution of criminal cases?
What is the time limit for prosecution of criminal cases? According to the provisions of China's criminal law, the principle of adapting crime to punishment, and taking the statutory maximum punishment of crime as the standard, four levels of limitation of prosecution are stipulated. According to Article 87 of the Criminal Law of People's Republic of China (PRC),
After the following time limit, the crime will not be prosecuted:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 288 of the Criminal Procedure Law of People's Republic of China (PRC) In the following public prosecution cases, if the criminal suspect and the defendant sincerely repent and obtain the understanding of the victim through compensation for losses, apology, etc., and the victim voluntarily reconciles, the two parties may reconcile: (1) If a civil dispute is caused and it is suspected of a criminal case stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, it may be sentenced to fixed-term imprisonment of not more than three years; (two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years. If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.