Under normal circumstances, the public security organ decides whether to file a case within seven days after reporting the case. According to the law, the time limit for filing a criminal case for review shall not exceed 3 days in principle; Suspected criminal clues need to be verified, and the time limit for filing a case for review shall not exceed 7 days; Major and complicated cases may be extended to 30 days with the approval of the person in charge of the public security organ at or above the county level. When the police station files a case, the notice of filing a case should be served on the victim or the informant, not on both sides. If the police station refuses to file a case, it shall, within three working days after filing the case, serve a notice of refusal to file a case on the informant according to law. If the informant fails to report, he may apply for reconsideration within seven days, and the organ shall conduct reconsideration within seven days.
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 review stage. 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 review period. After the review, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding department. That is, it usually takes one month to one and a half months, and the longest will reach five months. Finally, in order to. The trial shall be subject to the system of final adjudication of second instance, and the trial and judgment of first instance shall be conducted within one month after acceptance, and shall not exceed one and a half months at the latest. If it is a case in a remote area, a major criminal group or a fugitive, it can be extended for another month. If the defendant or a party to an incidental civil action refuses to accept the judgment of first instance, he may appeal; If the procuratorate believes that the judgment of the first instance is indeed wrong, it can also lodge a protest at the next higher level and the case will enter the second instance. The trial time limit of the second trial is the same as that of the first trial, which is also one month, not more than one and a half months. If it is a case in a remote area, a major criminal group or a fugitive crime, it can be extended for another month. That is to say: if there is no appeal or protest, it usually takes one month to one and a half months, and the longest is two and a half months. If there is a second trial, it usually takes two to three months, and the longest is five months. If there is insufficient evidence to return to the procuratorate, the time will be extended. 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. In practice, the phenomenon of extended detention is very common. If this happens, it is necessary to hire a lawyer to appeal and apply for bail pending trial in time to safeguard the legitimate rights of the criminal suspect (defendant). After sentencing, the detention time is deducted from the sentencing time. If the sentence is less than one year, the remaining sentence will be served in prison, and the sentence will generally not be commuted in prison. If it is more than one year, after a period of time, it will be sent to a different place to serve a sentence according to the length of the remaining sentence. Those who serve their sentences in prison and meet the conditions of commutation, parole and medical parole may apply for commutation, parole and medical parole.
The time required for the crime of fraud from filing a case to sentencing depends on the specific case. In practice, it usually takes 5 months to 1 year, and the case is complicated or even longer. According to the provisions of Article 172 of the Criminal Procedure Law, the people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month, and the major and complicated case may be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days. The first paragraph of 208th Article stipulates that after accepting a case of public prosecution, the people's court shall pronounce a judgment within two months, but not more than three months at the latest.
legal ground
Criminal procedure law
Article 112 A people's court, a people's procuratorate or a public security organ shall, within the scope of their jurisdiction, promptly examine the materials of reporting, accusing, reporting and surrendering themselves, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
Article 172 The People's Procuratorate shall make a decision on a case transferred for prosecution by a supervisory organ or a public security organ within one month. For major and complicated cases, it may be extended for fifteen days. If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
208th Article When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.