Provisions on the time for handling cases by procuratorates

The public security organ will take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended for one to four days. The procuratorate usually decides whether to approve the arrest within seven days. If it is a major suspect who has committed a crime on the run, in a gang or for many times, the time for requesting arrest can be extended to one month, that is to say, criminal detention usually lasts for more than ten days, and the longest is 37 days. The investigation period after arrest shall generally not exceed two months, and the case with complicated circumstances may be extended by one month with the approval of the people's procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, a fugitive crime, etc. With the approval of the provincial procuratorate, it can be extended for another two months. With the approval of the provincial procuratorate, the criminal suspect who may be sentenced to a penalty of less than ten years will be extended for another two months. In other words, the public security stage usually lasts about two and a half months to three months, and the longest is eight months.

The case is written by the case-handling personnel of the public security organ, and the files and evidence are transferred to the procuratorate, that is, the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month. If the procuratorate deems it necessary to make supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. Supplementary investigation shall be completed within one month, and supplementary investigation shall be limited to two times. After the supplementary investigation, the procuratorate recalculated the time limit for examination and prosecution. After the examination, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding court. To sum up, a criminal case will be over in five to six months if it is not complicated and the case is simple. If it is more complicated, the longest probation period is about two years.

After examination, it is considered that there are criminal facts that need to be investigated for criminal responsibility, that is, fill in the report on filing a case, and make a decision on filing a case with the approval of the procurator-general or the decision of the procuratorial Committee. In accordance with the provisions of the case management system, timely filing with the people's procuratorate at a higher level. If the people's procuratorate at a higher level thinks that the case should not be filed, it shall promptly notify the people's procuratorate at a lower level in writing to cancel it. When the people's procuratorate at a lower level has different opinions, it may submit them to the people's procuratorate at a higher level for reconsideration. The reconsideration result shall be notified to the people's procuratorate at a lower level in time for implementation.

After examination, it is considered that there is no criminal fact or one of the circumstances stipulated in Article 11 of the Criminal Procedure Law. With the approval of the department, the director or the procurator-general, a notice of not filing a case shall be issued, and the complainant or the prosecutor shall be informed of the reasons and reasons for not filing a case. If the complainant or prosecutor refuses to accept it, he may apply for reconsideration, and the complainant or prosecutor shall be informed of the reconsideration result.

After examination, if it is considered that the facts of the accused or reported crime are unclear, and supplementary materials are needed to determine whether to file a case or not, the accused or reported unit may be notified to supplement the materials, and the people's procuratorate may also send people to directly investigate or cooperate with relevant departments in joint investigation. If it is believed that there are criminal facts and criminal responsibility needs to be investigated, it shall be placed on file for investigation; If it is considered that the circumstances of the crime are obviously minor and it is not necessary to pursue criminal responsibility, it shall be transferred to the relevant departments for handling. And notify the original complaint or report of the unit or individual.

As mentioned above, the time limit for handling cases by procuratorial organs is different according to different situations and needs to be decided according to the circumstances of the case. The time limits of procuratorial organs and public security organs are also different. This requires us to carefully understand the relevant requirements, and when our rights are violated, we should report to the relevant departments in time to safeguard our legitimate rights and interests.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 169 of the Criminal Procedure Law, the people's procuratorate shall make a decision on a case transferred for prosecution by the public security organ within one month, and may extend it by half a month for major and complicated cases.