According to the provisions of Article 169 of the Criminal Procedure Law, the people's procuratorate shall make a decision within 1 month on the case transferred for prosecution by the investigation organ, and the major and complicated cases may be extended by half a month. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
This article clearly stipulates the time limit for examination and prosecution and the calculation of the time limit for examination and prosecution after changing jurisdiction. This provision is a summary of long-term review and prosecution experience, which meets the requirements of accurate and timely handling of cases.
Extended data:
The time limit for prosecution in administrative litigation shall be prescribed by law. Article 46 of the Administrative Procedure Law stipulates that if a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so within six months from the date of knowing that it has made a specific administrative act.
Administrative litigation only has the delay of the prosecution period, and there is no interruption of the prosecution period. Only when an administrative lawsuit is filed within the time limit for prosecution, the people's court has the right to conduct judicial review.
The people's court can only rule that an administrative case prosecuted beyond the time limit for prosecution will not be accepted. If it is not ascertained at the time of filing the case, but it is ascertained during the trial that the time limit for prosecution has expired, the people's court shall rule to dismiss the prosecution.
In the administrative procedure law, judicial interpretation of the administrative procedure law and administrative regulations, there are provisions on the time limit for prosecution in administrative proceedings.
For example, the second paragraph of Article 38 of the Administrative Procedure Law stipulates: "If the applicant refuses to accept the administrative reconsideration decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court within 05 days from the date of expiration of the reconsideration. "
For another example, the time limit for prosecution stipulated in the Postal Law, Statistics Law and Drug Administration Law is 15 days; The time limit for prosecution stipulated in Forest Law, Customs Law and Land Management Law is 30 days; The time limit for prosecution stipulated in the patent law is 3 months. Different administrative proceedings have different prosecution periods.
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