According to the provisions of the Criminal Procedure Law, general criminal cases go through five stages in turn: investigation (filing), examination and approval of arrest, continued investigation, examination and prosecution, and trial in court. During this period, unless the compulsory measures are changed, that is, bail pending trial, they will be detained in the detention center.
The time limit for handling criminal cases is as follows:
1, detained for 30 days;
2. Review the arrest for 7 days;
3. The investigation period is 60 days;
4. Review and prosecute for 45 days;
5. The court heard for 45 days;
6. Return to the public security organ for supplementary investigation at the stage of examination and prosecution (up to 2 times, 30 days/time, and the time limit for examination and prosecution is recalculated each time);
7. During the trial stage, the procuratorial organ considers it necessary to postpone the trial (at most, it will be postponed for 2 times, 30 days each time, and the trial period will be recalculated);
8. Special cases such as cross-regional crimes, gang or group crimes, fugitive crimes, major cases involving a wide range of difficulties in obtaining evidence, and complicated cases can be reported to the superior and provincial procuratorates to extend the investigation period1-May respectively.
Extended data:
Criminal procedure law
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 156 The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
Article 157 For particularly serious and complicated cases that are not suitable for trial for a long time due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Article 158 If the investigation of the following cases cannot be concluded at the expiration of the time limit stipulated in Article 156 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a 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 cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Article 159 A criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years. If the extended period stipulated in Article 158 of this Law expires and the investigation is terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government.
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.
Article 175 When examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, he may be required to explain the legality of collecting evidence.
When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation.
A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.
References:
The Supreme People's Procuratorate-Criminal Procedure Law