Time of criminal procedure law
1, [12 hours] Paragraph 2 of Article 1 17 of the Criminal Procedure Law: "The time limit for summoning shall not exceed 12 hours; If the case is particularly serious and complicated and it is necessary to take detention or arrest measures, the time limit for summoning and detention shall not exceed 24 hours. "
2.[24 hours]
(1) Paragraph 2 of Article 83 of the Criminal Procedure Law stipulates: "After detention, the detained person shall be immediately sent to the detention center for detention, and the detention time shall not exceed 24 hours at the latest. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the situation that hinders the investigation disappears, the family members of the detained person shall be notified immediately. "
(2) Article 84 of the Criminal Procedure Law: "The public security organ shall interrogate the detained person within 24 hours after detention. If you find that you should not be detained, you must release it immediately and issue a release certificate. "
(3) Paragraph 2 of Article 9 1 of the Criminal Procedure Law: "After arrest, the arrested person shall be immediately sent to the detention center for custody. Unless it is impossible to notify, the family of the arrested person shall be notified within 24 hours after the arrest. "
(4) Article 92 of the Criminal Procedure Law: "The people's courts and people's procuratorates must interrogate the person they decide to arrest, and the public security organ must interrogate the person arrested with the approval of the people's procuratorate within 24 hours after the arrest. When it is found that it should not be arrested, it must be released immediately and a release certificate will be issued. "
(5) Article 164 of the Criminal Procedure Law: "The people's procuratorate shall interrogate the detained person within 24 hours after the detention of a case directly accepted. If you find that you should not be detained, you must release it immediately and issue a release certificate. "
3. [48 hours (2 days)] Paragraph 2 of Article 37 of the Criminal Procedure Law: "If a defense lawyer requests to meet with a criminal suspect or defendant in custody with a lawyer's practice license, a certificate of law firm, a power of attorney or a letter of legal aid, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest."
4.[ Third Session]
(1) Paragraph 2 of Article 33 of the Criminal Procedure Law: "When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender during his detention, the people's court, the people's procuratorate and the public security organ shall promptly convey it. "
(2) Paragraph 2 of Article 44 of the Criminal Procedure Law: "The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the victim and his legal representative or his close relatives, the parties involved in an incidental civil action and his legal representative that they have the right to entrust an agent ad litem. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative, the parties involved in an incidental civil action and his legal representative of the right to entrust an agent ad litem. "
(3) Paragraph/kloc-0 of Article 89 of the Criminal Procedure Law: "If the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the time for reporting for approval may be extended by one to four days. "
(4) Paragraph 3 of Article 182 of the Criminal Procedure Law: "After the people's court determines the date of the court session, it shall notify the people's procuratorate of the time and place of the court session, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the court session. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the hearing shall be announced in advance three days before the hearing. "
(5) Article 220 of the Criminal Procedure Law: "If the defendant, private prosecutor, plaintiff and defendant in an incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with the case file and evidence to the people's court at the next higher level, and at the same time send a copy of the appeal to the people's procuratorate at the same level and the other party. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court of first instance within three days, and send a copy to the people's procuratorate at the same level and the other party. "
(6) Article 42 of the Interpretation of the Criminal Procedure Law: "After accepting a case of private prosecution, the people's court shall inform the defendant of the right to entrust a defender within three days; At the same time, the private prosecutor and his legal representative shall be informed that the parties involved in incidental civil litigation and their legal representatives have the right to entrust agents ad litem. "
(7) Paragraph 2 of Article 1 18 of the Interpretation of the Criminal Procedure Law: "The people's procuratorate shall make a decision on whether to accept or not to initiate public prosecution within three days."
(8) Items (5), (6) and (7) of Article 1 19 of the Interpretation of the Criminal Procedure Law: "(5) Notify the people's procuratorate of the time and place of the court session three days before the court session; (6) Summons and notices for summoning parties and informing defenders, legal representatives, witnesses, expert witnesses, producers and translators of inspection records shall be delivered at least three days before the court session; (7) For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session. "
(9) Article 15 1 of the Interpretation of the Criminal Procedure Law: "After the evidence presented in court, the witness testimony read out, the expert conclusion and the record of the inquest are presented and read out, the originals shall be handed over to the court. If it is really impossible to hand it over in court, the party who should ask to produce and read the evidence should hand it over within three days after the adjournment. "
(10) Article 152 of the Interpretation of the Criminal Procedure Law: "If the public prosecutor reads and plays the testimony of a witness who did not appear in court, and the witness provides different testimony, the court shall require the public prosecutor to hand over all the testimony of the witness within three days after the adjournment."
(1 1) Article 158 of the Interpretation of the Criminal Procedure Law: "When a people's court takes evidence materials that need to be investigated and verified from a people's procuratorate, or takes evidence materials collected by a people's procuratorate in the process of investigation, examination and prosecution, it shall notify the people's procuratorate to hand them over within three days after receiving the decision on taking evidence materials."
(12) Article 236 of the Interpretation of Criminal Procedure Law: "If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall examine whether the appeal is in compliance with the law. If it meets the legal requirements, it shall transfer the appeal together with the case file and evidence to the people's court at the next higher level within three days after the expiration of the appeal period, and copy the appeal to the people's procuratorate at the same level and the other party. "
(13) Article 237 of the Interpretation of Criminal Procedure Law: "If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall submit the appeal to the people's court of first instance within three days after receiving the appeal. The people's court of first instance shall examine whether the appeal complies with the law. If it meets the legal requirements, it shall transfer the appeal together with the case file and evidence to the people's court at the next higher level within three days after receiving the appeal, and at the same time send a copy of the appeal to the people's procuratorate at the same level and the other party. "
(14) Article 240th of the Interpretation of Criminal Procedure: "Local people's procuratorates at all levels shall lodge a protest against the judgment or ruling of the people's court of first instance at the same level. The people's court of first instance shall, within three days after the expiration of the protest, transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. "
(15) Article 275 of the Interpretation of the Criminal Procedure Law: "In a case of first instance in which the intermediate people's court sentenced the death penalty, if the defendant does not appeal and the people's procuratorate does not protest, it shall be reported to the higher people's court for review within three days after the expiration of the appeal and protest. If the Higher People's Court agrees to impose the death penalty, it shall make a ruling according to law and report it to the Supreme People's Court for approval; If you disagree with the death penalty, you should send it back for retrial or send it back for retrial. "
(16) Article 344 of the Interpretation of the Criminal Procedure Law: "When a people's court delivers a criminal for execution, it shall notify the people's procuratorate at the same level to send personnel to supervise on the spot three days before the delivery."
(17) article 27 of the criminal procedure law: "if the parties and their legal representatives refuse to accept the decision to reject the application for withdrawal and apply for reconsideration, the decision-making organ shall make a reconsideration decision within three days and notify the applicant in writing."
(18) Paragraph 1 of Article 85 of the Criminal Procedure Law: "If a criminal suspect, his legal representative, close relatives or lawyers entrusted by the criminal suspect think that the people's procuratorate has detained the criminal suspect beyond the statutory time limit and requests the people's procuratorate to release the criminal suspect or change the detention measures, the investigation department of the people's procuratorate shall conduct an examination, which shall be completed within three days."
(19) Article 102 of the Criminal Procedure Law: "The public security organ shall immediately execute the decision of the people's procuratorate to approve the arrest, and send the execution receipt to the people's procuratorate that made the approval decision in time; If it cannot be executed, the receipt shall also be served on the people's procuratorate, and the reasons for the impossibility shall be stated. If the people's procuratorate decides not to approve the arrest, the public security organ shall immediately release the criminal suspect in custody or change the compulsory measures after receiving the decision, and deliver the execution receipt to the people's procuratorate that made the decision within three days after receiving the decision. "
(20) Article 109 of the Criminal Procedure Law: "If a people's procuratorate needs to arrest a criminal suspect when handling a case directly put on file for investigation, the investigation department shall fill out an opinion on the arrest of the criminal suspect and submit it to the examination and arrest department of our hospital together with the case file materials. If the criminal suspect has been detained, the investigation department shall submit the case to the examination and arrest department of our hospital for examination within three days after detention. Under special circumstances, the time for transfer review can be extended by one to four days. "
(2 1) Article 3 15 of the Criminal Procedure Rules: "The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender." (22) Paragraph 1 of Article 320 of the Criminal Procedure Law: "If a defender other than a lawyer applies to the People's Procuratorate for consulting, extracting or copying the technical appraisal materials of the litigation documents in this case, or meets or communicates with the criminal suspect in custody, the People's Procuratorate shall, within three days after receiving the application, examine whether the applicant has the qualification of a defender, make a decision on whether to grant or not, and notify the applicant in writing."
(23) Paragraph 2 of Article 322 of the Criminal Procedure Law: "After accepting the application, the examination and prosecution department shall make arrangements; If it cannot be handled on the same day, the reasons shall be explained to the applicant, and the date for handling shall be determined within three days to inform the applicant.
(24) Article 7 of the Arrest Regulations: "The public security organ shall immediately execute the decision of the people's procuratorate to approve the arrest, and deliver the execution receipt to the people's procuratorate that made the approval decision within three days after the execution; If it does not execute, it shall also serve an execution receipt to the people's procuratorate, stating the reasons for not executing. If the people's procuratorate decides not to approve the arrest, the public security organ shall immediately release the criminal suspect in custody or change the compulsory measures after receiving the decision, and deliver the execution receipt to the people's procuratorate that made the decision within three days after receiving the decision. If the public security organ finds that the arrest is improper, it shall make timely changes, and notify the people's procuratorate that originally approved the arrest within three days after making the change decision. If the people's procuratorate thinks that the change is improper, it shall notify the public security organ that made the change decision to correct it. "
(25) Article 12 of the Arrest Regulations: "If the public security organ finds that the criminal suspect should not be investigated for criminal responsibility, it shall dismiss the case; A criminal suspect who has been arrested shall be released immediately, and the people's procuratorate that made the decision to approve the arrest shall be informed of the reasons for the release within three days after the release. "
To sum up, we can know that the provisions on time in the Criminal Procedure Law, whether it is the focus of the victim or the defendant to protect their reasonable rights, must be kept in mind in the above-mentioned "12 hours", "24 hours", "two days" and "three days". I hope it will be helpful to everyone, if there is any other legal knowledge to understand.
Legal objectivity:
Article 231 of the Criminal Procedure Law of People's Republic of China (PRC), if the defendant, the private prosecutor, the plaintiff and the defendant in an incidental civil action appeal through the people's court that originally tried the case, the people's court that originally tried the case shall, within three days, transfer the appeal together with the case file and evidence to the people's court at the next higher level, and at the same time send a copy of the appeal to the people's procuratorate at the same level and the other party. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.