What are the provisions on time limits in the Criminal Procedure Law? The reason why the Criminal Procedure Law sets various time limits in its provisions is to protect the legitimate rights and inte

What are the provisions on time limits in the Criminal Procedure Law? The reason why the Criminal Procedure Law sets various time limits in its provisions is to protect the legitimate rights and interests of each subject from being damaged by the abuse of power by the court or other competent subjects, especially those behaviors that will have adverse consequences. , must have a fixed deadline to ensure fairness. Let’s take a look at the provisions of the Criminal Procedure Law regarding time limits. 1. What are the provisions on time limits in the Criminal Procedure Law? (1) It is relatively rare to use time as the unit of time calculation in criminal proceedings. There are roughly three situations: 12 hours, 24 hours, and 48 hours. 1,12 hours. The maximum time for subpoenas and subpoenas shall not exceed 12 hours. 24 hours. After detention or arrest, the detainee, the unit or family members of the arrested person shall be notified within 24 hours of the reason for the detention or arrest and the place of detention, unless there are circumstances that hinder the investigation or notification is impossible. A person who is detained or arrested shall be questioned for the first time within 24 hours of detention or arrest. 348 hours. During the investigation stage, for general cases, if the lawyer entrusted by the criminal suspect requests to meet with the criminal suspect, the investigative agency shall arrange the meeting within 48 hours. (2) Cases with periods calculated in days are more common in criminal proceedings, such as 3 days, 5 days, 7 days, 10 days, 15 days, and 20 days. 1,3 days. The People's Procuratorate shall, within 3 days from the date of receipt of the case materials transferred for prosecution, inform the criminal suspect of the right to entrust a defender, inform the victim and his legal representative or close relatives, and the parties to the incidental civil litigation and their legal agent that they have the right to entrust a defender. Litigation attorney. Within three days from the date of accepting a private prosecution case, the people's court shall inform the defendant of the right to entrust a defender, and inform the private prosecutor and his legal agent, and the parties to the incidental civil litigation and their legal agent that they have the right to entrust an agent ad litem. If the public security organ believes that it is necessary to arrest a detainee, it shall submit it to the People's Procuratorate for review and approval within 3 days (it may be extended by 1 to 4 days under special circumstances. For major criminal suspects who commit crimes on the fly, commit crimes multiple times, or commit crimes in partnership, the extension may be extended to 30th). The People's Court shall notify the People's Procuratorate of the time and place of the hearing three days before the hearing. The people's court shall summon the parties and notify the defender, litigation agent, witnesses, appraisers and translators. Summons and notices must be served at least three days before the court session. For cases that are to be heard in public, the People's Court shall announce the cause of the case, the name of the defendant, the time and location of the hearing three days in advance. If the investigative agency discovers that the seized items, documents, mail, telegrams, or frozen deposits or remittances are indeed irrelevant to the case, the seizure or freezing shall be lifted within three days and returned to the original owner or the original post and telecommunications agency. The People's Procuratorate shall, within three days after the adjournment of the hearing, transfer all case files and evidence materials except for the evidence presented in court to the People's Court. Second Avenue and Fifth Avenue. If the party delays the time limit due to force majeure or other legitimate reasons, it may apply within 5 days after the obstacle is removed to continue the litigation activities that should be completed before the expiration of the time limit. During the investigation process, the lawyer requests to meet with the criminal suspect for the crime of organizing, leading, or participating in a mafia-type organization, the crime of organizing, leading, or participating in a terrorist organization, or major and complex crimes such as smuggling, drug crimes, corruption and bribery. He will arrange a meeting within 5 days. After the people's court accepts the incidental civil lawsuit, it shall serve a copy of the incidental civil complaint to the defendant in the incidental civil lawsuit within five days. If the People's Court pronounces a judgment in court, the judgment shall be delivered to the parties and the People's Procuratorate that initiated the public prosecution within 5 days. If the victim and his legal representative are dissatisfied with the first-instance judgment of the local people's court at any level, they have the right to request the People's Procuratorate to file a protest within five days after receiving the judgment. After receiving the request from the victim and his legal representative, the People's Procuratorate shall make a decision on whether to protest within 5 days and reply to the requester. The time limit for appeals and protests against the ruling is 5 days. Third and Seventh streets. After receiving the arrest approval letter from the public security organ, the People's Procuratorate shall make a decision on approving or disapproving the arrest within seven days. If the victim is dissatisfied with the People's Procuratorate's decision not to prosecute, he should appeal to the People's Procuratorate at the next higher level within seven days after receiving the decision. File an appeal. After receiving the attached civil complaint, the people's court shall decide within 7 days whether to file the case. The original People's Court shall deliver the enforcement ruling to the Supreme People's Court and the Higher People's Court within 7 days after receiving the enforcement ruling. 4.10 days. If the People's Procuratorate deems it necessary to arrest a detainee in a directly accepted case, it shall make a decision within 10 days (if the case is complex, it may be extended by 1 to 4 days). The People's Court shall serve a copy of the People's Procuratorate's indictment to the defendant at least 10 days before the hearing. The time limit for appeals and protests against the judgment is 10 days. For cases protested by the People's Procuratorate or public prosecution cases heard by the People's Court of second instance, the People's Court of second instance must notify the People's Procuratorate to review the files 10 days before the hearing. 5,15 days. The people's court shall decide whether to file the case within 15 days from the second day after receiving the private prosecution or oral notice. 6, 20. For cases subject to summary procedures, the People's Court shall conclude the case within 20 days after accepting the case. If the People's Procuratorate believes that the People's Court's commutation or parole ruling is inappropriate, it shall submit written correction opinions to the People's Court within 20 days after receiving a copy of the ruling. (3) Cases with monthly calculation periods are also very common in formal litigation, generally including 1 month, 2 months, 3 months, 6 months, and 12 months. 1,1 month. The People's Procuratorate shall review cases transferred for prosecution by the public security organs and shall make a decision within one month (an extension of half a month may be given for major and complex cases). For cases involving supplementary investigation, the case shall be completed within one month, and the supplementary investigation shall be limited to two times. When a people's court hears a public prosecution case, it shall pronounce a verdict within one month after accepting the case (no more than 1.5 months at the latest, and may be extended by another month if it meets one of the provisions of Article 126 of the Criminal Procedure Law). If the People's Procuratorate believes that the temporary execution of sentence outside prison is inappropriate, it shall send a written opinion to the agency that approved the temporary execution of sentence outside prison within 0 months from the date of receipt of the notice. The People's Court shall, within one month after receiving the People's Procuratorate's corrective opinions on commutation and parole, re-form a collegial panel to conduct a trial and make a final ruling. 2, 2 months. The period of investigation and detention of a criminal suspect after arrest shall not exceed 2 months (if the case is complex and cannot be terminated by the expiration of the period, it may be extended by 6 months with the approval of the People's Procuratorate at the next higher level). Major and complex cases in remote areas with very inconvenient transportation, major underworld organization cases, major and complex mobile crime cases, major and complex cases involving a wide range of areas and difficult to obtain evidence cannot be concluded within the time limit specified in Article 124 of the Criminal Procedure Law. With the approval or decision of the People's Procuratorate of the province, autonomous region, or municipality directly under the Central Government, the period may be extended for two months. A criminal suspect may be sentenced to fixed-term imprisonment of more than ten years. If the investigation is terminated in accordance with Article 126 of the Criminal Procedure Law, it may be extended for another two months with the approval or decision of the People's Procuratorate of the province, autonomous region, or municipality directly under the Central Government. 3, 3 months. Cases retried by the People's Court in accordance with trial supervision procedures shall be concluded within 3 months from the date of the decision to remand for retrial (if the time limit needs to be extended, it shall not exceed 6 months). After accepting the appeal, the People's Court shall make a decision on whether to retry the case within 3 months (no more than 6 months at the latest). Four or six months. The maximum period of residential surveillance shall not exceed 6 months. 5, 12 months. The maximum period of bail pending trial shall not exceed 12 months. The above are the relevant provisions on time limits in the Criminal Procedure Law. In general, if you carefully observe the provisions of the Criminal Procedure Law, you will find that all time limits are beneficial to all parties without any bias, especially for citizens who have no power and are in a vulnerable position. The time limit is a favorable basis for them to resist the infringement of the power agencies.