If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution.
The time limit for criminal proceedings is as follows:
1. If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years;
2. If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, after ten years;
3. The statutory maximum penalty is fixed-term imprisonment of more than 10 years, after 15 years;
4. The maximum legal punishment is life imprisonment or death penalty, after 20 years.
Criminal case handling process:
1, stage 1: report the case. After the occurrence of a criminal case, if the victim or the third party reports the case, the pre-procedure of the criminal case is equivalent to starting;
2. Phase II: Preliminary investigation by the police. After the public security organ accepts the report, the victim and lawyer shall cooperate with the public security organ to carry out the preliminary investigation, and after finding out the facts of the key case, determine the existence of basic criminal facts in this case to decide whether to file a case;
3. The third stage: filing a case, and the case enters the investigation stage. After the initial investigation by the public security organ, the victim and lawyer should fully communicate with the investigation and legal department of the public security organ according to the results of the initial investigation, and cooperate with the public security organ to formally establish the case as a criminal case to carry out investigation;
4. The fourth stage: after the investigation, the public security organ puts forward the prosecution opinion, and the case enters the stage of examination and prosecution. ;
5. The fifth stage: the stage of examination and prosecution by the procuratorate. After the investigation stage, the case entered the stage of examination and prosecution. After investigation, the public security organ extracts, fixes and files all the evidence materials of the case, and then transfers the case file to the procuratorate, which will review the case and decide whether it is necessary to bring a public prosecution to the people's court.
6. Stage VI: Trial stage. After the procuratorial organ examines the case prosecuted, if the facts of the crime alleged in the indictment are clear, the court shall decide to hold a hearing. The court listens to the opinions of both the prosecution and the defense, and makes a guilty or innocent judgment on the defendant according to the facts, evidence and relevant laws and regulations.
Legal basis:
Article 87 of the Criminal Law of People's Republic of China (PRC)
Prosecution of crimes of limitation will not be prosecuted after the following time limit:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. If prosecution is deemed necessary after 20 years, it must be reported to the Supreme People's Procuratorate for verification.