Definition of crime:
1. Definition of general criminal crimes: Criminal cases are divided into general criminal cases, major criminal cases and particularly major criminal cases. It can be distinguished from the following aspects:
1. The size of the subject matter and whether the amount of property involved is significant;
2. Whether the impact is significant;
3. The number of people on both sides and whether there are a large number of people involved. Crimes that are serious in nature, abominable in circumstances, and extremely harmful to society include all types of serious crimes investigated and dealt with by public security organs, national security organs, and procuratorial organs.
How to sentence general criminal crimes: First, the public security organs will take criminal detention according to the situation and require the procuratorate to arrest within three days, which can be extended by one to four days. The prosecutor's office generally decides within seven days whether to approve an arrest. If the suspect is a major suspect of fugitive crime, gang crime or multiple crimes, the time for arrest can be extended to one month, which means that criminal detention is generally more than 10 days, with the longest being 37 days.
The investigation period after arrest generally does not exceed two months. For complex cases, it can 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 or a fugitive crime, it can be extended for another two months with the approval of the Provincial Procuratorate. For criminal suspects who may be sentenced to less than ten years in prison, the sentence can be extended for another two months with the approval of the Provincial Procuratorate. In other words, the public security phase usually lasts about two and a half to three months, with the longest being eight months. Then, the case investigators of the public security organs write up the case, and the case files and evidence are transferred to the procuratorate, which is the review and prosecution stage.
In addition, this stage is usually one month, and it can be extended for half a month for major and complex cases. If the procuratorate deems that supplementary investigation is necessary after review, it may return the case to the public security organ for supplementary investigation or conduct its own investigation. The supplementary investigation shall be completed within one month, and the supplementary investigation shall be limited to two times. After the supplementary investigation is completed, the procuratorate recalculates the time limit for review and prosecution.
Legal Basis
Article 61 of the "Criminal Law of the People's Republic of China"* * *When deciding the punishment for a criminal, it shall be based on the facts, nature, circumstances of the crime and the impact on society The degree of harm caused shall be sentenced in accordance with the relevant provisions of this Law.