Handling

Organ

Litigation

Stage

Law

Clause

The main content

After the case decided to arrest period

The public security

Investigation of crimes

Rule80,195The public security76

Summon (a) continuous time shall not exceedTwelve hours

The case particularly heavy, complex,Need to take the measure of arrest, detention,Summon (a) continuous time shall not exceedTwenty-four hours

Two summon (call)IntervalTime isNot less than twelve hours,Not in a continuous manner in detention warrant (call) the suspect.

Summon (a) the suspect,Shall ensure that the suspect's diet and the necessary rest time

Public Security

Detention

89

The detainee to arrest, detention shall be inThe three dayApply to procuratorate

Under special circumstances, the time may be extended to arrest drewOne to four days

For major suspects flee hither and thither, repeatedly committing the crime, gang crime, may be extended toThreeTenDay

Procuratorial

165

The procuratorate to detention directly accept cases in the people, that need to be arrested, should be in theMake a decision within fourteen days.

Under special circumstances, the decision to arrest time can be extendedOne to three days

After the arrest of detention period for investigation

Procuratorial

Examination

Examine and approve to arrest

89

Procuratorate for arrest drew case review, should be in theSeven daysTo arrest or not among decision

Rule316,329,343Article

The suspect has not detained,The people's Procuratorate shall be arrested after receiptWithin fifteen daysWhether or not to make the decision of arrest,Major, complicated cases,No more thanThe twenty day.

Public Security

Procuratorial

Investigation of crimes

154

The deadline of criminal suspects arrested after investigation shall not exceedIt's been two months

The case is complex, cannot be concluded within the time limit of the case, may be extended upon the approval of the people's Procuratorate at the next higher levelA month

156

The traffic is very inconvenient in remote areas of the great and complex, serious crime group, from one place to another grave and complex, involving a wide range of major and complicated cases of crime forensics difficult by (province, self, direct detection) can be extendedIt's been two months

157

May be sentenced to ten years in prison, according to156One cannot detect the knot, which can be extendedIt's been two months(provincial, self, direct detection)

162

The people's Procuratorate investigation of cases directly accepted by the provisions of this chapter shall apply (2,1,2,2)

The time limit for examination and prosecution

Procuratorial

The prosecution

169

The people's Procuratorate for the public security organs for prosecution, shall beA monthWithin the decision

Grave and complex cases, can be extendedHalf a month

171

For supplementary investigation cases,Should be inWithin one monthSupplementary investigation is completed.Supplementary investigation toTwo times up,Transferred to the people's Procuratorate for supplementary investigation is completed after the,The people's Procuratorate to calculate the time limit for examination and prosecution

A trial period

A trial

Court

The public prosecution

The case

202

The people's court in cases of public prosecution,Should be accepted afterWithin two monthsSentence,Not later thanThree months

For the death penalty cases or incidental civil litigation cases,And the provisions of this Law 156th(The four category of cases),Approved by the people's court at a higher level,Can be extendedThree months. Because of special circumstances need to extend, be approved by the Supreme People's court.

The people's court to change under the jurisdiction of the case, from the day of receiving the people's court shall calculate the time limit after the change of play.

The people's Procuratorate for supplementary investigation cases, supplementary investigation is completed after the transfer to the people's court, to the people's court shall calculate the time limit.

Private prosecution

The case

206

The people's court private prosecution deadline,The accused in custody,The 202nd article of this Law shall apply to the first paragraph, second paragraph

Not in custody shall, after acceptingSentenced to six months

Simple and easy

The program

214

The people's court shall, after acceptingA total of twenty days

Are to be sentenced to more than three years on may be sentenced, can be extended toOne and a half months

The second instance trial period

The court of second instance

The second instance

232

The people's Court of second instance accepting a case of appeal or protest, should be in theConcluded within two months

For the death penalty cases or incidental civil litigation cases, and 156th of this Law in any of the circumstances specified in (four cases), the provinces, autonomous regions, municipalities directly under the central government or approved by a higher people's court decision, canAn extension of two months.Because of special circumstances need to extend, approved by the Supreme court.

The Supreme People's court appeal, appeal trial period, decided by the Supreme People's court

Procuratorial organs

The second instance

Rule470Article

The people's Procuratorate to the people's Court of second instance court, decided to consult the files notice,Can access or access files materials,Refer to or access to the files and materials shall be in receipt of the notice of the people's court dateCompleted within one month. Can not be completed within one month,Can the people's court adjourned to ask.

Retrial deadline

The court of retrial

Retrial

247

The people's court in accordance with the procedure for trial supervision to the trial of the case, should be made in question, the retrial decision dateConcluded within three months

The need to extend the duration of,Shall not exceed six months

Recalculate the relevant period

Police

Investigation of crimes

158

In the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 154th recalculation investigation detain deadline since the day of discovery.

The suspect does not tell his true name, address, the identity is unidentified, shall be investigated for their identity, investigation detain deadline checking computation since the day of its identity, but do not stop the crime investigation.

Procuratorial organs

Examination

Prosecution

169

The people's Procuratorate for examination and prosecution, altered, review the calculation cases received date from the people's Procuratorate prosecution deadline after the change

171

For supplementary investigation cases, shall complete the supplementary investigation within one month. Supplementary investigation is limited to two times. Supplementary investigation is completed and transferred to the people's Procuratorate, the people's Procuratorate to calculate the time limit for examination and prosecution

Court

Trial

202

The people's court to change under the jurisdiction of the case, from the day of receiving the people's court shall calculate the time limit after the change of play

Court

Review

230

The people's Court of second instance remanded to the trial court for a retrial new trial of the case, the people's Hospital from the day of receiving the remanded case, recalculating the trial period

Foreclosure period

Police

Confiscation procedure

280

For the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or criminal suspects, defendants to death, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, the people's procuratorate can put forward to the confiscation of illegal income shall apply to the people's court.

The public security organ considers that the circumstances as prescribed in the preceding paragraph, shall write the confiscation of illegal income opinions, to the people's procuratorate.

Procuratorial organs

Rule529

The people's Procuratorate shall, after receiving the public security organs to confiscate the illegal income submissions within thirty days whether or not to make the decision to apply for the confiscation of illegal income. Can not make a decision within thirty days,With the approval of the chief procurator,Can be extended for fifteen days.

Rule530

The people's Procuratorate found the public security organ shall start the illegal income confiscated the program without starting,May request the public security organ a written within seven days do not start a reason.

Court

Confiscation procedure

281

The people's court shall confiscate the illegal income after the application, shall be issued a notice. The announcement during a period of six months. People near relatives or any other interested the suspect, the defendant has the right to apply to participate in the litigation, or may entrust an agent to participate in the proceedings proceedings.

Interpretation521

The trial for the confiscation of illegal income shall refer to a case of public prosecution cases, ordinary procedure of first instance and the second instance trial period implementation program.

The period of the public notice and request judicial assistance in criminal matters not included in the trial period of time.

Does not include the time in the process of litigation

Public Security

Investigation of crimes

147

During the identification of mental diseases of the suspect is not included in the deadline

Court

Trial

198

During the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed: (a) need to summon new witnesses, obtain new material evidence, re examination or inspection; (two) the researchers found that the prosecution cases need supplementary investigation, put forward proposals; (three) the application for withdrawal and not on trial.

200

During the trial, one of the following circumstances, the case can not continue for a long time trial, may suspend the trial: (a) the defendant who is suffering from a serious disease, and can't appear in court; (two) the defendant escape; (three) the private prosecutor who is suffering from a serious disease, not a court, did not entrust an agent ad litem in court; (four) due to irresistible. Suspend disappear trial after the reasons, it shall resume the hearing. To suspend the trial period does not calculate the trial period.

To suspend the trial period does not calculate the trial period

224

The people's Court of second instance shall consult the files in the decision after hearing the timely notify the people's procuratorate. The people's Procuratorate shall consult the completed within one month. The people's Procuratorate to examine the case of time not included in the trial period