During the criminal procedure law, served

The first section Period

The concept and significance of (a), during the period of concept:    Refers to the specialized agencies and the participants in the proceedings or some procedural acts in criminal proceedings in the date and time.
Should the behavior means possible behavior                            --Rawls "theory of justice"
(two) the difference between period and the date 1, refers to a certain period of time during the period as time unit, a specific 2, principle during is legal, and the date is during 3, designated a special authorities only to binding, there is only to the participants in the proceedings as binding, while the is the specialized agencies and the participants in the proceedings of litigation activities shall be governed by the constraints of time
During the two, 1, the statutory period of compulsory measures   Summon -- no more than 12 hours   Residential surveillance -- no more than 6 months    Bail -- no more than 12 months    Police detained 3 days -- the people's Procuratorate submitted a request for approval of arrest, under special circumstances, extend
The 1 -- 4 days, for people who commit crimes, crime, gang crime has extended to 30 days. During the Procuratorate approved the arrest of 7 days.   The case directly accepted by a people's Procuratorate deems it necessary to arrest shall make a decision within 10 days, special circumstances can be extended for 1 -- 4 days.
During 2, hire a lawyer, to entrust defenders and agents ad litem   During the lawyers -- the first interrogation or take coercive measures after the date   During the entrusted a defender -- a case of public prosecution case is transferred for examination before prosecution of criminal suspects from the date of the right to entrust defenders; the accused in a private prosecution shall have the right to entrust defenders at any time
A case of public prosecution period -- entrust agents ad litem of victims and their legal representatives or near relatives, the party in an incidental civil action and the legal agent, since the case to the examination date has the right to entrust agents ad litem; private prosecution of private prosecution case and its legal representative, the party in an incidental civil action and the legal agent, has the right to entrust agents ad litem.
During 3, investigation and custody of the      Generally not more than two months, the case is complex with the approval of the people's Procuratorate at the next higher level can be extended for 1 months; major and complicated cases in remote areas, traffic inconvenience crime cases, all major and complicated cases, committing a crime involving a wide range, forensics difficult major complex cases, investigation cannot be concluded within the aforesaid term, another extension of 2 months may be likely to suspect
Sentenced penalty above 10 years, according to the time limit still cannot investigate terminative, the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, and may be extended for 2 months. 4, the prosecution deadline     Under normal circumstances should make a decision within 1 months, major, complicated cases with the approval of the chief procurator may be extended for 15 days. The need for supplementary investigation of the case shall, within 1 months of investigation is completed, the supplementary investigation is limited to 2 times.
5 sorry, decided to make an appeal for action      Make a non prosecution decision of a people's Procuratorate, the victim may receive a decision not to prosecute the level people's Procuratorate 7 days to appeal. The Procuratorate made the decision not to initiate a prosecution to the people refuses to accept, is not to be prosecuted in the receipt of the decision not to initiate a prosecution to the people's Procuratorate put forward 7 days after.
6, the first instance proceedings deadline -- 10 days before the opening of the duplicate copy of the indictment to the defendant -- 3 days before the court session, notify the people's Procuratorate, the defender, agent ad litem, witnesses, appraisers and translation and summon the parties concerned shall -- Procuratorate in case we need supplementary investigation in 1 months supplementary investigation is completed
-- open trial case should be 3 days before the court session, advance notice -- court judgment shall within 5 days of the judgment by the parties and the people's Procuratorate, regular judgment shall immediately verdict will be served to the parties and the people's Procuratorate -- a case of public prosecution shall be sentenced to the people's court within 1 months, not later more than 1 months, if the provisions of Article 126 of criminal procedure law has occurred, the higher people's court approval or decision to extend to 1 months
-- a case of private prosecution for ordinary procedure, the accused in custody, shall be sentenced to 1 months, no more than 1 months; the defendant is not in custody, shall be sentenced to 6 months in the case, the special circumstances approved by the president of the court may extend the trial period of 3 months. -- for a case in summary procedure, the people's court shall within 20 days after accepting the
7, the appeal, appeal for victims -- apply to the people's Procuratorate protest period is from receiving the decision within 5 days after the -- the verdict of the first trial appeal, appeal for a period of 10 days -- not of first instance ruled protest period appeal, for 5 days
8, the second instance procedure during the -- through the appeals the people's court, the people's court shall within 3 days will appeal together with the case file, the evidence to the people's Court level, at the same time, a copy of the appeal petition to the people's Procuratorate at the same level and to the other party. Appeal directly to the people's Court of second instance, the people's Court of second instance shall within 3 days of the petition of appeal to the people's court and submitted to the people's Procuratorate at the same level and to the other party
-- the people's Court of second instance must be in 10 days before the court session, notify the people's Procuratorate at the same level of access to files -- the people's Court of second instance accepting a case of appeal or protest, should be concluded within 1 months, no later than 1 and a half months, there are 126 cases of criminal procedure law, the higher people's court approved or determined, can be an extension of 1 months
9, the procedure for trial supervision during the -- the people's court in accordance with the procedure for trial supervision to re trial cases, since the decision for retrial or within 3 months from the date of conclusion, to extend the time limit, shall not exceed 6 months. If the provisions of Article 126 of criminal procedure law has occurred, the higher people's court approval or decision, and may be extended for 1 months
10, during execution of -- an inferior people's court received the executed command, in 7 days shall be executed -- the people's Court of first instance verdict cleared the accused man, exempted from criminal punishment, if the defendant in custody shall be released immediately after the verdict, -- the people's Procuratorate considers that the people's Court of commutation and parole, improper, should be in the received a copy of the written order within 20 days after the,
Submit a written recommendation to the people's Procuratorate, the people's court shall receive submissions within 1 months to form a collegial panel to conduct the trial, made the final judgment -- the people's Procuratorate think execution outside prison improper, shall, within 1 months of probation agencies approved put forward written opinions from the day of receiving the notification, the approval organ of execution of sentence outside prison the decision shall be immediately re verification
The calculation of three, the provisions of the Criminal Procedure Law -- see section 79 of the -- during the calculation of the special case of 1, the criminal suspect period into the body of psychiatric examination shall not be included in the deadline of 2, the suspect does not tell his true name, address, the identity is unidentified, investigation detain deadline self-examination of its identity the date of
3, during the investigation found the suspect another major crimes, since the date of recalculation investigation detain deadline 4, the people's Procuratorate and the people's court is altered, re calculation of the prosecution and trial period 5, the stage of review and prosecution supplementary investigation cases, recalculate the prosecution deadline 6, the trial stage of the supplemental investigation cases, re shall calculate the time limit
7, the people's Court of second instance the case remanded a case of public prosecution, prosecution deadline to calculate 8, the people's Procuratorate for examination and prosecution and the people's court, the criminal suspect, the defendant was not in custody, not subject to the provisions of the criminal procedure law of the time limit for examination and prosecution, trial time limit, but not interruption of the case review trial or
Four, during the period of recovery (see article eightieth of criminal law), 1 for the main party -- 2, the grounds of the application -- irresistible reasons and justification of 3, application of the time -- 5 days after the obstacle is removed within 4, for decision by the people's court for judgment --
The second section   Send  As a , service concept and significance   Service refers to a kind of lawsuit behavior specialized agencies in accordance with legal procedure and the litigation documents sent to the recipient. Two, served(see article eighty-first of criminal law)
Three, 1, served on the way directly to 2, indirect service 3, retention of service 4, commissioned by 5, the mail delivery
Question: 1, what is the time? During the period of significance? 2, test conditions, the recovery of 3 during test concept and the significance of the service, during the period of 4 and what is the difference?
A case:      The people's Court of first instance in February 14th received the people's Procuratorate indictment, trial cases during February 15th to March 14th should be. Ask, calculation of the period is correct?
Case two:    A court in accordance with the requirements of a case in a court on Tuesday April 1st the same day to fulfill an obligation, to participate in the proceedings. In April 1st the court not to participate in the proceedings of A a. Late on Wednesday April 9th, natural armor to A court to flood, the traffic from the ground, apply for to continue to participate in the proceedings. The court rejected the application for A. Q: is correct in the practice of the court?