2. After the judgment of the court, the guarantor is released pending trial. The people's courts, people's procuratorates and public security organs shall keep criminal suspects and defendants under residential surveillance for a maximum of six months. During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.
Divided into the following situations:
(1) Duration of compulsory measures (the maximum detention period is 37 days)
The duration of summons and summons shall not exceed 12 hours;
1, the detention time is generally not more than 14 days, and the detention in special circumstances is extended to 30 days, and the approval is not more than 7 days, with a maximum of 37 days;
2. The time for obtaining bail pending trial shall not exceed 12 months;
3, monitoring residence time, shall not exceed 6 months.
(two) the duration of investigation and detention (the longest detention period is 7 months)
1. The detention period for investigation after the arrest of a criminal suspect shall not exceed 2 months; If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended by 1 month with the approval of the procuratorate at the next higher level;
2, to meet the statutory circumstances, within the statutory time limit can not be completed, with the approval of the people's Procuratorate of the province, autonomous region or municipality directly under the central government, can be extended for 2 months;
3. If the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, and the investigation cannot be concluded after the extension period according to law expires, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government;
4. If other important crimes are found, the time limit will be recalculated.
(3) Review the prosecution period (the longest detention period is 6 and a half months)
1. The time for the people's procuratorate to review and prosecute is 1 month. Major and complicated cases can be extended for half a month;
2. If the jurisdiction is changed, it shall be counted from the date when the changed procuratorate receives the case;
3. Return the supplementary investigation twice, each time 1 month; Twice can be two months.
4. After the supplementary investigation is completed and transferred to the people's procuratorate, the prosecution period is recalculated, twice for 1 month, and twice extended for half a month ***3 months;
The victim's appeal against the decision to prosecute shall be filed with the people's procuratorate at the next higher level within 7 days;
(4) Probation period (the longest detention period is 5 months 10 day)
1. A case of public prosecution in the first instance of ordinary procedure shall be pronounced within one month after it is accepted, and no later than one and a half months. Under special circumstances, with the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government, it may be extended for another month, accounting for 2.5 months.
2, the people's court to change the jurisdiction of the case, from the date of receipt of the case after the change of the people's court to calculate the trial period.
3. The time limit for filing an appeal or protest is 10 days.
The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
4. The people's court shall conclude a case that is tried by summary procedure within 20 days after accepting it.
5. Appeals and protests of second instance shall be concluded within one month, but not more than one and a half months at the latest. Under special circumstances, with the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government, it may be extended for another month, accounting for 2.5 months. However, the cases of appeal and protest accepted by the Supreme People's Court shall be decided by the Supreme People's Court.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 79 The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months, and shall not keep him under residential surveillance for more than six months.
During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.