1. Is it legal to file a case for more than one year without closing it?
Whether it is legal to file a case for more than one year without closing it depends on the actual complexity of the case. Under normal circumstances, the case can be closed in 3-6 months, but if the judgment cannot be made within the specified time, you can apply for an extension of the review time. The public security organ shall investigate the criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law. In other words, before the criminal suspect is detained or arrested, the law does not stipulate the corresponding time limit. If a criminal suspect is detained in criminal detention, the maximum period is 37 days; If the arrest is approved, the period of investigation and detention is generally 2 months.
The public security organ will take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended for one to four days. The procuratorate usually decides whether to approve the arrest within seven days. If it is a major suspect who has committed a crime on the run, in a gang or for many times, the time for requesting arrest can be extended to one month, that is to say, criminal detention usually lasts for more than ten days, and the longest is 37 days. 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.
Second, the criminal filing supervision procedures
The procedure of supervision of filing a case refers to the methods and steps prescribed by law for the accuser and the people's procuratorate to supervise the filing activities. Because of the different status and nature of the accuser and the procuratorial organ, the procedure of filing a case for supervision is also different.
1. Supervision of the plaintiff. The plaintiff's supervision of filing activities is carried out by applying for reconsideration. If the complainant refuses to accept the decision of the public security organ not to file a case, he may apply for reconsideration to the original public security organ within 7 days after receiving the notice of not filing a case. The public security organ that originally decided shall make a decision within 10 days after receiving the application for reconsideration, and notify the complainant in writing. If the plaintiff refuses to accept the decision of the people's procuratorate not to file a case, he may apply for reconsideration within 10 days from the date of receiving the notice of not filing a case. If the people's procuratorate does not file a lawsuit against the appeal department for reconsideration, it shall make a reconsideration decision within 30 days after receiving the application for reconsideration.
2. Supervision by people's procuratorates.
(1) The people's procuratorate's supervision over the public security organs' refusal to file a case. Article 87 of the Criminal Procedure Law stipulates that if the people's procuratorate thinks that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does not file a case for investigation, the people's procuratorate shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice. Specifically, the people's procuratorate should pay attention to the following points in the supervision of the public security organs not filing a case:
There are two sources for the people's procuratorate to supervise the public security organs not to file a case:
1 through various business activities of the people's procuratorate, it is found that the public security organ should file a case instead of filing it;
Obtained through the victim's complaint, if the victim thinks that the public security organ should file a case but not file it, he has the right to file a case with the people's procuratorate, which shall accept the complaint and conduct a review according to the facts and laws. During the inspection, the victim may be required to provide relevant materials and conduct necessary investigations. If the public security organ considers it necessary to explain the reasons for not filing a case, it shall transfer the case to the examination and arrest department for handling.
After investigating and verifying the relevant evidence materials, the examination and arrest department thinks that it is necessary for the public security organ to explain the reasons for not filing the case, and with the approval of the procurator-general, it may require the public security organ to explain the reasons for not filing the case in writing within 7 days. The public security organ shall, within 7 days, explain the reasons for not filing the case, and notify the people's procuratorate after being approved by the person in charge of the public security organ at or above the county level.
After the public security organ explains the reasons for not filing a case, if the examining and arresting department thinks that the reasons for not filing a case are valid, it shall notify the appealing department, which shall inform the victim of the reasons and basis for not filing a case within 10 days.
If the examination and arrest department thinks that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case. The people's procuratorate shall notify the public security organ to file a case, which shall be decided by the chief procurator; Major, difficult and complicated cases shall be submitted by the procurator-general to the procuratorial committee for discussion and decision. When the people's procuratorate notifies the public security organ to file a case, it shall make a decision on filing a case, serve it on the public security organ, and send a copy to the people's procuratorate at the next higher level for the record. When the people's procuratorate delivers the decision to file a case, it shall also transfer the relevant materials to the public security organ, inform the public security organ to file a case within 15 days, and deliver the decision to the people's procuratorate.
The public security organ shall file a case within 15 days after receiving the notice of decision to file a case, and deliver the decision to the people's procuratorate. If the people's procuratorate notifies the public security organ to file a case, it shall supervise the implementation of the notice to file a case according to law. The people's procuratorate shall notify the public security organ to file a major criminal case committed by state functionaries under the jurisdiction of the public security organ by taking advantage of their functions and powers. If the public security organ refuses to file a case, the people's procuratorate at or above the provincial level may directly file a case for investigation.
If the public security organ refuses to file a case for investigation, the people's procuratorate shall put forward opinions to the public security organ to correct the violation.
(2) The people's procuratorate's supervision over the people's procuratorate's refusal to file a case. Whether and how to supervise the cases directly accepted by the people's procuratorate is not clearly stipulated in the Criminal Procedure Law. However, Article 379 of the Rules of the People's Procuratorate stipulates that if the people's procuratorate examines the arrest department or the prosecution department finds that the investigation department of our hospital does not file a case for investigation, it shall propose to file a case for investigation; If the proposal is not adopted, it shall be submitted to the Attorney General for decision.
For the time from filing a case to closing the case, the judicial organ must have conclusive evidence before making a legal judgment. However, if some cases involve complicated criminal facts or other illegal and criminal acts, it is impossible to make a judgment without finding out all the criminal facts.