Provisions of the new law of criminal procedure of case handling time schedule
Created:
/Author:
Aaron Lewis
The time schedule in the Criminal Procedure Law One,
units of hours: 1, according to the longest time shall not exceed 12 hours, not to continuous summons, reportedly in disguised forms stiff criminal suspects. The 2 detained or arrested the suspect, in addition to impede the investigation or not notice, should put the detention reasons and the place of custody, in 24 hours to inform detainees or the family of the arrested person or the unit. 3 for police detained or arrested person, should be asked in the detention or a large part of 24 hours after. Two,
to date as the calculating unit period; 1, the people's Procuratorate for examination and prosecution of receiptWithin 3 days of the date of the materials, it shall inform the criminal suspect has the right to entrust defenders.The people's court after accepting a case of private prosecution within 3 days, it shall inform the defendant has the right to entrust defenders. 2, the people's Procuratorate for examination and prosecution of receiptThe materials of the case within 3 days, notify the victim, legal representatives or near relatives, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem.The people's court shall accept the case within 3 days from the date it shall inform the prosecutor and his legal representatives shall have the right to entrust agents ad litem. 3, the public security organ considers it necessary to a detaineeThe arrest, shall within 3 days after the detention request procurators to the examination and approval, in the special case of the examination and approval time can be extended 1-4. 4, seized articles, documents, mail,Telegraph or frozen deposits, remittances, find out the irrelevant to the case shall be cancelled within 3 days, seizure, freezing, returned to their original owners or the post office. 5, the defendant, private prosecutor.Incidental civil actionThe plaintiff or defendant by the people's Court of appeal, the people's court shall within 3 days will appeal together with the case, the evidence has been sent to the higher level people's court, 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 time hearing, where at least 3 daysBefore the notice of the people's procuratorate. 7, the defendant, private prosecutor, incidental civil actionThe 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 to the people's court to the people's Procuratorate at the same level and to the other party. 8, was due to irresistible reasons orOther justifiable reasons, the time limit, 5 days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the. 9, the court judgment, shall within 5 days will be served to the parties and the judgment, the people's Procuratorate prosecution. 10, the victim and his legal representatives or localThe first trial of people's court at a higher level, within 5 days after receiving the written judgment shall have the right to request the people's procuratorate.5 days after the people's Procuratorate of receipt of the request the parties and their legal representatives, shall make a decision whether to appeal decisions and give him a reply. The decision-making organ 11, bail after receiving the execution machineClose the written notice has been confiscated margin or compulsory measures to change views, the compulsory measure shall be changed within 5 days or if a criminal suspect to pay margin, is proposed to guarantee the people's decision. 12, the guarantor or were released on bail in receipt of confiscationApplication for review of superior authority decided to ensure the fine people margin or written decision within 5 executive agencies. 13, is not satisfied with the ruling of the period for appeal or protest5 days from receiving the award, the second date. 14, the people's Procuratorate shall receive the public security organsPlease approve arrest after 7 days to approve or disapprove the arrest decision. 15, for the case of the victim, decided not to prosecute, the people's Procuratorate shall make a decision not to initiate a prosecution in writing to the victim.The victim may, after receipt of the written decision on the appeal within 7 days, the people's Procuratorate prosecuted a request. 16,
for people's Procuratorate in accordance with the law of criminal procedure 1Article 42 paragraph second make a decision not to prosecute, the Civil Procedure Law of the.Person who is not to be prosecuted if not, after receiving the decision to appeal within seven days after the people's procuratorate. 17, if the people's court to the Supreme People's courtDeath's command, to be executed in seven days. 18, the people's court to extend the trial periodAt the end of 7 days, shall be approved by a higher people's court or decision. 19, the people's court in a case directly accepted byDetainees, deems it necessary to arrest, it shall make a decision within 10 days, in the special case decided to arrest time can be extended 1-4. 20, the court of first instance to the
Deputy people's ProcuratorateThe latest 10 days before the court session, served on the defendant. 21, the people's Court of second instance must
at least 10 daysNotify the people's Procuratorate to examine the case files before. 22, the verdict appeals for a period of 10Day, from the date of receiving the written judgment second. 23, the basic people's court case that the major, complexOr may be sentenced to life imprisonment, the death penalty criminal cases at the first instance request to the intermediate people's court, it shall report to the dean of the collegial panel after the decision, the case trial period 15 days before the expiry of a written request to the intermediate people's court shall, after receiving the application within 10 days to make decisions. 24, during the trial if the lawsuit participates in a person orBystander 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 fined up to 1000 yuan or 15 days of detention. 25, the people's court from receiving the complaint or tellDecide whether to file for Chapter 2-15 days. The executing organ 26, bail should be at term15 days prior written notice with the decision-making organ, the decision-making organ to make lifting bail or change the compulsory wrong decision. The trial of the case 27, apply summary procedureIn the trial, the people's court shall within 20 days after accepting the end. 28, the people's Procuratorate considers that the people's court commuted, falseRelease of the faulty ruling should be in receipt of a copy of the written order within 20 days, submit a written recommendation to the people's court. 29, for people who commit crimes, crime, gang for many timesMajor suspect case, submitted to the review of arrest time could be extended by 30 days. Three,
by per month period: 1, the people's Procuratorate to the public security organ to playTell a case, it shall make a decision within 1 months, major, complicated cases can be extended for half a month. 2, the people's Procuratorate examining a case, the need for supplementary investigation, the public security organ may be returned for supplementary investigation, or conduct the investigation itself.For supplementary investigation cases, shall complete the supplementary investigation in 1 months.Supplementary investigation is limited to two times.Supplementary investigation is completed to the procuratorial, procuratorate to calculate the time limit for examination and prosecution. 3,
in accordance with the law of criminal procedure 165 secondDeferred hearing a case, a people's Procuratorate shall complete the supplementary investigation in 1 months. 4, the people's court in cases of public prosecutionSentence, shall within 1 months after acceptance, no later than 1 months.The act of 126 under one of the circumstances stipulated by the provincial, autonomous region or municipality directly under the central government approved by a higher people's court or decisions, can be extended to 1 months. 5, the people's Court of second instance appellate protested caseOne, should be concluded within 1 months, no later than 1 months.The act of 126 under one of the circumstances stipulated by the provincial, autonomous region or municipality directly under the central government approved by a higher people's court or decisions, can be extended to 1 months.However, the Supreme People's Court of appeal appeal cases decided by the Supreme People's court. 6, accepted by a people's court according to the trial supervisionAnd the procedure of judicial appeal cases, the provisions of the preceding paragraph shall use; on the need to order the lower court to rehear the, should be in the acceptance decision within 1 months from the day of protest, the lower level people's court limits on the use of the provisions of the preceding paragraph. 7, the people's Procuratorate believes that the temporary execution outside prison is notWhen, should be notified within 1 months after the written opinions to the approval of the temporary execution outside prison authorities, approved the temporary execution outside prison authorities received the written opinions of the people's Procuratorate, shall immediately and re verification of the decision. 8, the people's Procuratorate considers that the people's court sentence,Parole decision is improper, should be in receipt of the order in 20 days after the copy, submit a written recommendation to the people's court.The people's court shall receive rectification opinions within 1 months after the re form a collegial panel to conduct the trial, to make a final decision. 9 cases of private prosecution, the accused in custody, it shall conclude the trial since 1 months after being taken into custody, no later than 1 months. 10, for the criminal suspect investigation after arrest periodShall not exceed 2 months.The complexity of the case, the case cannot be concluded within the time limit, an extension of 1 months may be approved by the people's procuratorates at higher levels. 11, the following cases in the provisions of Article 124 of this Law PeriodLimit expires cannot investigate terminative, the people's Procuratorate of the autonomous region or municipality directly under the central government for approval or decision, an extension of 2 months may be: (1) major and complicated cases in remote areas of the inconvenience of traffic; (2) a major crime cases; (3) on major and complicated cases of crime; (4) the crime involving a wide range, grave and complex cases in forensics difficult. 12, the criminal suspect may be sentenced to 10 years or moreIn prison, in accordance with the law 126 to extend the time limit expires, still cannot investigate terminative, the people's Procuratorate at the provincial autonomous region or municipality directly under the central government approval or according to the top, and may be extended for 2 months. 13, the people's court in accordance with the procedure for Trial Supervision ReviewSentence case, should be made in the refreshing, retrial decision within 3 months from the date of conclusion, to extend the time limit shall not exceed 6 months. 14, the people's court, the procuratorate and the public security organs forThe suspect, the defendant for residential surveillance shall not exceed 6 months. 15, the people's court, the procuratorate and the public security organs forThe suspect, the defendant bail shall not exceed 12 months.