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 exceed twelve hours

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

Two summon (summon) interval of time shall not be 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, arrest in drew's Procuratorate shall within three days after the detention

In special circumstances, to arrest time can be extended to four days

For major suspects flee hither and thither, repeatedly committing the crime, gang crime, may be extended to30Day

Procuratorial

165

The procuratorate to detention directly accept cases in the people, deems it necessary to arrest, shall make a decision within fourteen days.

Under special circumstances, the decision to arrest time may be extended to three days

After the arrest of detention period for investigation

Procuratorial

Examination

Examine and approve to arrest

89

Procuratorate to arrest cases for review, should make the arrest or not among decision in seven days

Rule316,329,343Article

The suspect has not detained,The people's Procuratorate shall be arrested after received within fifteen days whether or not to make the decision of arrest,Major, complicated cases,Not more than twenty days.

Public Security

Procuratorial

Investigation of crimes

154

The deadline of criminal suspects arrested after investigation shall not exceed two months

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

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 extended for two months

157

May be sentenced to ten years in prison, according to156One cannot detect the knot, and may be extended for 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 make a decision within one month on a

Grave and complex cases, can be extended for half a month

171

For supplementary investigation cases,Shall complete the supplementary investigation within one month.Supplementary investigation is limited to two times,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 handled within two months after the verdict,No later than three 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 extended for three 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, should be accepted within six months of sentencing

Simple and easy

The program

214

The people's court shall conclude the trial of the case within twenty days after receiving

Are to be sentenced to more than three years on may be sentenced, can be extended to one 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 concluded 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, may be extended for 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 date completed 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 date concluded within three months

Need to extend the time limit, 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