Provisions on non-prosecution within six months after arrest:
1, law, according to the current criminal procedure law, general cases, public security stage: the longest investigation period is 37 days, and investigation detention after arrest is generally 2 months: procuratorate stage: 1 month: court stage: 3 months: so, general criminal cases, about 7 months.
2. According to the current criminal procedure law, for major and complicated cases, the public security stage: the longest investigation and detention after arrest is 7 months; Procuratorate stage: up to 6.5 months; Court stage: up to 20 months. Therefore, the longest time for major and complicated cases is more than two years, and those who have the right to ask questions will be longer.
3. Once you enter the criminal justice process, entrust a lawyer who specializes in criminal defense business as soon as possible: If the case is related to the personal freedom and property rights of the parties in the criminal justice process, you can't wait and wait-every litigation stage, that is, public prosecution, law or investigation, prosecution and trial, criminal defense lawyers have specific work contents, and they conduct specific defense work for different judicial documents and evidence materials held by the three organs respectively. Put forward different criminal lawyer documents to the three organs respectively, and persuade the case-handling organ to write the lawyer's defense opinions into judicial documents such as prosecution opinions, indictments or judgments. If criminal defense lawyers are entrusted only at the court stage, they will lose the opportunity to implement facts and circumstances in favor of criminal suspects and criminal defendants at the public and procuratorial stages.
Legal basis: Article 90 of the Criminal Procedure Law of People's Republic of China (PRC), after examining the cases submitted by the public security organs for approval of arrest, the people's procuratorate shall decide whether to approve the arrest or not according to the circumstances. The public security organ shall immediately implement the decision to approve the arrest and notify the people's procuratorate of the implementation in time. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ.