2. The procuratorate shall make a decision on whether to prosecute within one month. For major and complicated cases, it may be extended for half a month.
3. In general, a lawsuit to a court should be pronounced within two months after acceptance, and no later than three months.
when to hold a court session should be decided according to the number of cases in the local court and the complexity of the cases. Under normal circumstances, not exceeding the above provisions is the time limit.
Inviting a lawyer can suggest that the court hold a court session in advance, and according to the nature and circumstances of the case, it can suggest that the court give a suspended sentence. However, it is necessary to find out the defects of the case, such as whether the evidence collection procedure is legal, whether there are contradictions between the evidences, and whether reasonable doubts can be ruled out.
Whether the probation can be decided by the court depends on the situation of the case, the opinions of the public prosecution organ and the defense opinions of the defender.
Legal basis:
Article 154 of the Criminal Procedure Law stipulates that the detention review period of a criminal suspect after arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
article 169 the people's procuratorate shall make a decision on a case transferred for prosecution by the public security organ within one month, and may extend it by half a month for major and complicated cases.
article 22 when trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
article 72 of the criminal law: a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions. Among them, people under the age of 18, pregnant women and people over the age of 75 should be suspended: < P > (1) if the crime is minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(4) The announcement of probation has no significant adverse effect on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
if a criminal whose sentence is suspended is sentenced to additional punishment, the additional punishment must still be executed.