In China, retrospective period and retrospective prescription are different, and they are essentially different. The limitation of prosecution is the effective period for the state to investigate the criminal responsibility of criminals, which is executed by the judicial organs according to their functions and powers, and the limitation of action is the effective period for the obligee to ask the court to protect civil rights and interests. The victim brings a civil lawsuit because he wants to safeguard his own civil rights and interests and exercise his right of claim against the other party.
The prosecution period for criminal cases is generally five to twenty years:
1. The crime with the maximum legal penalty of fixed-term imprisonment of not more than five years will not be prosecuted after five years.
2, the statutory maximum penalty for crimes of fixed-term imprisonment of not less than five years but not more than ten years, after ten years no longer prosecuted.
3, the statutory maximum penalty for crimes of fixed-term imprisonment of more than ten years, after fifteen years no longer prosecuted.
4, the statutory maximum penalty for life imprisonment, death penalty crimes, after 20 years no longer prosecuted.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 87 of the Criminal Law: No prosecution shall be conducted for crimes that exceed the following time limits: (1) If the maximum legal penalty is less than five years of fixed-term imprisonment, five years have passed; (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.