1. If the statutory maximum penalty is less than five years' imprisonment, the limitation period for prosecution shall be five years;
2. If the statutory maximum penalty is more than 5 years but less than 10 year, the limitation period for prosecution is 10 year;
3. If the statutory maximum penalty is fixed-term imprisonment of 10 years or more, the limitation period for prosecution is 15 years;
4. If the statutory maximum penalty is life imprisonment, the limitation period for prosecution is 20 years. If it is deemed necessary to prosecute after 20 years, it can still be prosecuted after being submitted to the Supreme People's Procuratorate for approval.
Legal basis: Article 16 of the Criminal Procedure Law shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility.