The investigation period after arrest shall generally not exceed two months, and the case with complicated circumstances may be extended by one month with the approval of the people's procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, a fugitive crime, etc. With the approval of the provincial procuratorate, it can be extended for another two months. With the approval of the provincial procuratorate, the criminal suspect who may be sentenced to a penalty of less than ten years will be extended for another two months.
In other words, the public security stage usually lasts about two and a half months to three months, and the longest is eight months.
Then, the case is written by the case handlers of the public security organs, and the files and evidence are transferred to the procuratorate, that is, the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month.
If the procuratorate deems it necessary to make supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. Supplementary investigation shall be completed within one month, and supplementary investigation shall be limited to two times. After the supplementary investigation, the procuratorate recalculated the time limit for examination and prosecution.
After the examination, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding court.
That is, it usually takes one month to one and a half months, and the longest will reach five months.
Finally, go to court. The trial is based on the system of second instance and final adjudication, and the first instance shall be conducted within one month after the court accepts and pronounces a verdict, and shall not exceed one and a half months at the latest. If it is a case in a remote area, a major criminal group or a fugitive, it can be extended for another month.
If the defendant or a party to an incidental civil action refuses to accept the judgment of first instance, he may appeal; If the procuratorate believes that the judgment of the first instance is indeed wrong, it can also lodge a protest with the higher court, and the case will enter the second instance.
The trial time limit of the second trial is the same as that of the first trial, which is also one month, not more than one and a half months. If it is a case in a remote area, a major criminal group or a fugitive crime, it can be extended for another month.
In other words, if there is no appeal or protest, it usually takes one month to one and a half months, and the longest is two and a half months.
If there is a second trial, it usually takes two to three months, up to five months.
If the court considers that the evidence is insufficient and returns it to the procuratorate, the time will be extended.
To sum up, a criminal case will be over in five to six months if it is not complicated and the case is simple. If it is more complicated, the longest probation period is about two years.