First, the determination of the limitation of prosecution.
The determination of the limitation of prosecution is mainly based on the statutory maximum penalty. According to Article 87 of the Criminal Law of People's Republic of China (PRC), the limitation period for prosecution is as follows:
1, where the statutory maximum penalty is less than five years' imprisonment, after five years;
2. If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, after ten years;
3. The statutory maximum penalty is fixed-term imprisonment of more than 10 years, after 15 years;
4. The maximum legal punishment is life imprisonment or death penalty, after 20 years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Second, the calculation of the limitation of prosecution
The limitation of prosecution shall be counted from the date of committing the crime; If the criminal act has a continuous or continuous state, it shall be counted from the date when the criminal act ends. If a criminal commits another crime within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date of committing the latter crime.
Three, not subject to the limitation of prosecution.
According to Article 88 of the Criminal Law of People's Republic of China (PRC), if a people's procuratorate, a public security organ or a state security organ files a case for investigation or a people's court accepts a case, it 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.
To sum up:
The time limit for prosecution of a case is the limitation of prosecution of a criminal case, which varies according to the maximum legal penalty for a crime, generally ranging from 5 years to 20 years. Under special circumstances, if a criminal evades investigation or trial, or if the victim files a complaint and the relevant authorities refuse to file a case, the limitation of prosecution can be unlimited. At the same time, the limitation of prosecution is calculated from the date of the crime and recalculated because of the crime again.
Legal basis:
Criminal law of the people's Republic of China
Article 87:
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.
Article 88:
Those who evade investigation or trial after the people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts the case are 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.