During the criminal procedure law to calculate summary (1)
Created:
/Author:
Aaron Lewis
(during the criminal procedure law to calculate the overall feel is very complicated, but can not remember, because a lot of multiple-choice and essay questions had occurred during the calculation, is to let everyone to judge whether the procedure illegal question.Now I put this up for you, I hope you can help)
Table 1: in the period of time for the calculation of unit
12Hours
Summons, the longest duration of detention shall not exceed 12 hours.Not to continuous summons, subpoena criminal suspects into custody in disguised forms
24Hours
1.After the detention or arrest suspects, in addition to impede the investigation or not notice, shall give the reasons for detention and the place, in 24 hours to inform detainees or the family of the arrested person or the unit2.The public security organs to be detained or arrested, interrogated shall be within 24 hours after detention or arrest
Table two: during the day as the calculating unit
3Day
1.The people's Procuratorate for examination and prosecution of cases after receiving the materials within 3 days from the date, shall inform the criminal suspect has the right to entrust defenders.The people's court shall accept the case within 3 days from the date of, should inform the defendant has the right to entrust defenders.
2.The people's Procuratorate for examination and prosecution of cases after receiving the materials within 3 days from the date, shall notify the victim and his legal representatives or their close relatives, the party in an incidental civil action and their legal representatives shall have the right to entrust v.An agent ad litem.The people's court shall accept the case within 3 days, it shall inform the prosecutor and his legal representative, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem.
3.The public security organs of the detainees, deems it necessary to arrest shall, within 3 days after the detention, request for approval of a people's Procuratorate for examination and.Under special circumstances, the time limit for submission and approval may be extended 1~4
4.Seized articles, documents, mail, telegram or frozen deposits, remittances, find out the irrelevant to the case, shall within 3 days for seizure, freezing, returned to their original owners or the original post and telecommunications officesThe people's court hearing time place 3 days before the hearing, notify the people's Procuratorate
5.The defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant appealed by 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
6.The defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant files an 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 to the people's Procuratorate at the same level and to the other party
The 5 day
(1) the parties meet a deadline due to irresistible or other justifiable reasons, the obstacle is removed within 5 days, apply to continue the proceedings that should have been completed before the expiration of the time period
(2) the court judgment, shall within 5 days of the judgment to the parties and the people's Procuratorate
(3) the victim and his legal representatives judgment of first instance of a local people's courts at various levels, within 5 days after receipt of the judgment, have the right to request the people's Procuratorate to protest.5 days after the receipt of the victim and the people's Procuratorate legal agent request, shall make a decision whether to appeal and give him a reply
(4) the decision-making organ bail received written notice enforcement authorities confiscated margin or coercive measures after the opinion, should be made to change the compulsory measures or if a criminal suspect in 5 days to pay margin, is proposed to guarantee the people's decision
(5) the guarantor and was released on bail in receipt of "confiscate the deposit decision" or "decision" to ensure the fine people within 5 days after the execution of the superior organs of the application for review
The 7 day
(1) the people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within 7 days, to approve or disapprove the arrest decision
(2) for the victims, decided not to prosecute, the people's Procuratorate shall make a decision not to initiate a prosecution in writing to the victim.If the victim may, after receipt of the written decision within 7 days from level people's Procuratorate appeal, request prosecution
(3) is not satisfied with the ruling and appeals for a period of 5 days from the receipt of the ruling, the second date
(4) for the people's Procuratorate in accordance with this law, the provisions of the second paragraph of article 142nd decided not to prosecute, is not to be prosecuted if not, after receiving the decision to appeal within 7 days after the people's Procuratorate
(5) the lower level people's court to the Supreme People's court orders of execution, shall be executed in 7 days
(6) the people's court to extend the trial period, shall be made within 7 days to a higher people's court approval or decision
The 10 day
(1) the people's Procuratorate custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within 10 days.Under special circumstances, the decision to arrest time can be extended 1~4
(2) the court of first instance to the people's Procuratorate indictment copy later than 10 days before the hearing on the defendant
(3) the people's Court of second instance must be at least 10 days before the notice of the people's Procuratorate to examine the case files
(4) an appeal against the decision and the appeal for a period of 10 days, from receiving the written judgment, ruling second date
(5) the lower level people's court case that the major, complex or may be sentenced to life imprisonment, the death penalty criminal cases of first instance, the request to the superior people's court trial, the higher people's court shall make a decision within 10 days after the application for transfer
The 15 day
(1) during the court trial, if the litigant participant or bystander violates the order of the court, the presiding judge shall warnings to stop.To listen to, be forced out of the courtroom; if the circumstances are serious, shall be detained for a fine of 1000 yuan or 15 days following
(2) the people's court shall receive a complaint orally or told to decide whether to put on record within 15 days of second days
(3) the executing organ bail should be 15 days written notice shall the expiration of the time limit, the deciding organ to make lifting bail or coercive measures decision
The 20 day
(1) the summary procedure applies to the trial of the case, the people's court shall within 20 days after accepting the case
(2) the people's Procuratorate believes that the people's court commutation, parole shall be ruled properly, the receipt of the order within 20 days after the copy, submit a written recommendation to the people's court
The 30 day
For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to 30 days