Second,
What is the longest statute of limitations in criminal cases? (1) 20 years. Limitation in China's criminal law refers to the limitation of prosecution and the effective period of criminal responsibility. During this period, the judicial organs have the right to investigate the criminal responsibility of criminals. The specific provisions of the prosecution period are as follows:
1. If the statutory maximum penalty is less than five years' imprisonment, the prosecution period shall be five years.
2. If the statutory maximum penalty is more than 5 years but less than 10 year, the prosecution period is 10 year.
3. If the statutory maximum penalty is fixed-term imprisonment of 10 years or more, the prosecution period is 15 years.
4. If the statutory maximum punishment is life imprisonment or death penalty, the prosecution period is 20 years.
5. If public prosecution is deemed necessary after 20 years, it shall be reported to the Supreme People's Procuratorate for approval.
The time limit for 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 crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date when the latter crime is committed.
Third,
How to deal with the lack of evidence in criminal prosecution cases? If the court considers that the evidence is insufficient to find the defendant guilty in the trial of a public prosecution case, it shall make an acquittal of the accused crime due to insufficient evidence.
It should be noted that the return of supplementary reconnaissance can only be applied by the procuratorate, and whether the court agrees or not will be examined and approved. It is not the court's request to return reconnaissance. In criminal proceedings, the procuratorate is the prosecution and the defendant is the accused. If the court becomes the prosecutor again, how can the justice of the law be reflected?
Article 195 of the Criminal Procedure Law stipulates that after the defendant's final statement, the presiding judge will announce an adjournment, and the collegial panel will conduct deliberation, and make the following judgments according to the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.
The above is about the court hearing criminal cases, including private prosecution and public prosecution. Private prosecution and public prosecution are both ways for the parties to seek legal help. If you have any questions, you can consult a lawyer in Zhaofa.com, or you can directly call the hotline in Zhaofa.com to consult our lawyer!
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