How to calculate the limitation period of prosecution after filing a case for investigation

The period of prosecution after the public security organ files a case is calculated as follows: after the public security organ files a case for investigation, if it evades investigation or trial, it is not limited by the limitation period of prosecution. The time limit for prosecution shall be counted from the date of committing the crime; If a crime is committed continuously or continuously, it shall be counted from the day when the crime ends. If a crime is committed again within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date of committing the latter crime. according to the provisions of China's criminal law, criminal cases filed for investigation by judicial organs are not limited by the limitation of prosecution, and criminal responsibility will be investigated unless the suspect is dead. Article 87 of the Criminal Law of People's Republic of China (PRC) * * * * and People's Republic of China (PRC) States, if the limitation period for prosecuting a crime passes the following time limit, no prosecution will be conducted:

(1) If the maximum legal penalty is fixed-term imprisonment of not more than five years, prosecution will be conducted for five years;

(2) If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, prosecution shall be conducted for ten years;

(3) The maximum legal penalty is fixed-term imprisonment of not less than 1 years, after 15 years;

(4) The maximum legal penalty is fixed-term imprisonment of not less than 1 years, after 15 years. Fifteen years later;

(iv) Twenty years after the statutory maximum penalty is life imprisonment or death penalty. Twenty years later, if it is deemed necessary to prosecute, it shall be reported to the Supreme People's Procuratorate for approval. Article 88 If a people's procuratorate, a public security organ or a state security organ files a case for investigation or the people's court accepts it, the time limit for prosecution is not limited. 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 should file a case but not file it, and it is not limited by the time limit for prosecution.

I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.

Legal basis: "Article 87 of the Criminal Law of the People's Republic of China * * * *

If this crime has passed the following time limit, it will not be prosecuted:

(1) If the statutory maximum penalty is fixed-term imprisonment of not more than five years, five years later;

(2) Ten years later if the maximum legal penalty is fixed-term imprisonment of not less than five years but not more than ten years;

(3) Ten years later if the maximum legal penalty is fixed-term imprisonment of not less than ten years;

(4) ten years later if the maximum legal penalty is fixed-term imprisonment of not less than ten years. If the statutory maximum penalty is fixed-term imprisonment of not less than 1 years, after 15 years;

(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. Twenty years later, if it is deemed necessary to prosecute, it shall be reported to the Supreme People's Procuratorate for approval.