Generally two months, the longest is no more than six months. 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. With the approval of the people's court at the next higher level, cases that may be sentenced to death or cases with incidental civil actions may be extended for three months; 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.
Second, the investigation period of criminal gangs.
First, the investigation period of criminal gangs.
There is no time limit for filing a case for investigation, but the investigation period after a suspect is arrested is generally 2 months, and may be extended by 1 to 5 months with legal approval in special circumstances. Therefore, after the criminal suspects involved in criminal gangs are arrested, the longest investigation period is seven months.
Two. Provisions on the time limit for investigation
(1) general terms
Article 154 of the Criminal Procedure Law stipulates that the period of investigation and detention of a criminal suspect after arrest shall not exceed two months. If the criminal suspect has been detained before arrest, the detention period shall not be included in the investigation detention period. Under normal circumstances, the investigation organ shall end the investigation within the time limit for investigation and detention prescribed by law.
(2) Special terms
The special detention period refers to the extension of the investigation detention period, but it must meet the legal conditions and perform the corresponding examination and approval procedures. The main situation is as follows:
1. According to Article 154 of the Criminal Procedure Law, if the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended by 1 month with the approval of the people's procuratorate at the next higher level.
2. According to the provisions of Article 155 of the Criminal Procedure Law, for special reasons, especially major and complicated cases, it is not suitable for a long time to be tried, and the Supreme People's Procuratorate shall report to the NPC Standing Committee to postpone the trial.
3. According to the provisions of Article 156 of the Criminal Procedure Law, if the investigation cannot be concluded at the expiration of the time limit stipulated in Article 154 of the Criminal Procedure Law, it may be extended for two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated escape criminal cases;
(4) Major and complicated cases involving a wide range and difficulties in obtaining evidence.
4. According to Article 157 of the Criminal Procedure Law, the suspect may be sentenced to more than 10 years in prison. If the investigation cannot be concluded after the extension period expires in accordance with the provisions of Article 156 of this 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.
According to the provisions of Article 30 and Article 3 1 of the Regulations on Six Organs, if a public security organ requests to extend the detention period of a case, it shall submit it seven days before the expiration of the detention period, and submit the main facts of the case and the specific reasons for extending the detention period in writing. The people's procuratorate shall make a decision before the expiration of the detention period. The case directly put on file for investigation in the Supreme People's Procuratorate meets the conditions stipulated in Articles 154, 156 and 157 of the Criminal Procedure Law. If it is necessary to extend the detention period of a criminal suspect, it shall be decided by the Supreme People's Procuratorate according to law.
(3) Calculate the time limit separately
According to the provisions of the Criminal Procedure Law and the Regulations of the six organs, if the following circumstances are not included in the original investigation detention period, the detention period will be recalculated:
1. In the course of investigation, if the criminal suspect is found to have committed other major criminal acts, the investigation detention period shall be recalculated according to the provisions of Article 154 of the Criminal Procedure Law from the date of discovery. If the time limit for investigation and detention is recalculated, it may be decided by the public security organ without the approval of the people's procuratorate, but it shall be reported to the people's procuratorate for the record.
2. After the public security organ completes the supplementary investigation and transfers it to the procuratorate, the people's procuratorate recalculates the review period.
3. After the people's procuratorate completes the supplementary investigation and transfers it to the people's court, the people's court shall recalculate the trial period.
4. If the people's court changes its jurisdiction, it shall be recalculated from the date when the changed people's court receives the case.
5. If the people's court of second instance remands the case to the people's court for retrial, the people's court that originally tried the case shall recalculate the trial period from the date of receiving the remanded case.
6. In cases where summary procedure is converted into ordinary procedure, the trial period shall be counted from the date when it is decided to convert into ordinary procedure.
Third, how long does it usually take for criminal cases involving gangsters to open?
General criminal cases take about ten months, but the relative period of such cases may be longer. It is suggested to entrust a professional criminal lawyer to defend in time. Article 294 of the Criminal Law of People's Republic of China (PRC) 1: Whoever organizes or leads an organization of a triad nature shall be sentenced to fixed-term imprisonment of more than seven years with confiscation of property; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may also be fined or confiscated.