The relationship between criminal procedure law and criminal law is the relationship between procedural law and substantive law. Criminal procedure law belongs to procedural law and criminal law belongs to substantive law.
Criminal law stipulates the problem of crime and punishment, which is a criminal substantive law; The criminal procedure law is a criminal procedure law, which stipulates the procedure of prosecuting crimes, the scope of functions and powers of the prosecution and judicial organs, the litigation rights of the parties and participants in the proceedings and their legal relations.
Procedural law exists for the realization of substantive law, and procedural law itself is independent. The norms of criminal procedure law involve the distribution relationship between state power and individual rights, which is directly related to the realization of civil liberties, property and other rights. With the development of democratization of litigation, more changes have taken place in criminal procedure, and the distribution of responsibilities among state organs undertaking different litigation functions has also changed. The procedural content stipulated in the criminal procedure law is to move towards procedural justice in constant change and guide the realization of the rule of law in criminal procedure.
What is the limitation period of criminal proceedings?
The longest limitation of criminal proceedings is 20 years. The situation is as follows:
First, the statutory maximum penalty is fixed-term imprisonment of less than five years, after five years;
2. The statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, and fixed-term imprisonment of not less than ten years. ;
Three, the statutory maximum penalty for more than ten years of fixed-term imprisonment, after fifteen years;
Four, the statutory maximum punishment is life imprisonment or death, after twenty years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval. Those who evade investigation or trial after the people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts the case are not limited by the time limit for prosecution.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Criminal Procedure Law
Article 108
The meanings of the following terms in this Law are:
(1) "Investigation" refers to the work of public security organs and people's procuratorates to collect evidence and ascertain the facts of criminal cases and the relevant compulsory measures taken according to law;
(2) "Parties" refer to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil actions;
(3) "Legal representative" refers to the parents, adoptive parents and guardians of the client and the representatives of the organs and organizations responsible for protection;
(4) "Participants in litigation" refers to the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and translators;
"Agent ad litem" refers to the victim of a public prosecution case and his legal representative or near relative, the person entrusted by the private prosecutor and his legal representative in a private prosecution case to participate in the litigation on his behalf, and the person entrusted by the party involved in an incidental civil litigation and his legal representative to participate in the litigation on his behalf;
(6) "Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.