There is a prosecution period only under the following circumstances:
1. If the procuratorate, public security organs, and national security organs have not opened a case for investigation, and the court has not accepted the criminal case, then the criminal case has a prosecution period. ;
Those who evade investigation or trial after the People's Procuratorate, Public Security Bureau, or State Security Bureau has filed a case for investigation or after the People's Court has accepted the case will not be subject to the limitation of the prosecution period.
If the victim files a complaint within the time limit for prosecution and the people's court, people's procuratorate or public security organ should file a case but fails to do so, the case shall not be subject to the limitation of the time limit for prosecution.
2. After the following time limits have passed, the crime will not be prosecuted:
(1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, five years later;
(2) If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, ten years have passed;
(3) If the statutory maximum penalty is fixed-term imprisonment of not less than ten years, fifteen years have passed;
(4) Twenty years have elapsed if the statutory maximum penalty is life imprisonment or death. If it is deemed necessary to prosecute after 20 years, it shall be submitted to the Supreme People's Procuratorate for approval.
The length of the prosecution period needs to be determined based on the maximum sentence. They are:
(1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, five years later;
(2) If the statutory maximum penalty is between five years and not more than 10 years of fixed-term imprisonment , after ten years;
(3) If the statutory maximum penalty is fixed-term imprisonment of more than ten years, after fifteen years;
(4) If the statutory maximum penalty is life imprisonment or death , after twenty years.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Article 16 of the "Criminal Procedure Law of the People's Republic of China"
In any of the following circumstances, criminal liability will not be pursued, but has been investigated If the case is serious enough, the case should be dismissed, or no prosecution should be instituted, or the trial should be terminated, or the case should be acquitted:
(1) If the circumstances are obviously minor and the harm is not great, it shall not be considered a crime;
(2) The crime has expired within the statute of limitations for prosecution;
(3) The person has been exempted from punishment by an amnesty order;
(4) The crime should be handled only after a complaint is made according to the criminal law. Failure to complain or Withdrawn;
(5) The criminal suspect or defendant dies;
(6) The case is exempted from criminal liability under other laws and regulations.