According to China s Disciplinary Regulations, criminal liability will no longer be pursued for cases that have passed the time limit for prosecution. However, party discipline is not subject to time limits.
Article 7 Acts in which party organizations and party members violate the Party Constitution and other intra-party regulations, violate national laws and regulations, violate party and state policies, violate socialist morals, and endanger the interests of the party, the country, and the people shall be subject to disciplinary treatment or punishment in accordance with regulations Must be held accountable.
Focus on investigating corruption cases that have not been converged or abandoned since the 18th National Congress of the Communist Party of China. The clues reflect concentrated problems, strong responses from the masses, and political and economic issues are intertwined. This is a violation of the spirit of the eight central regulations.
(2) The limitation period for prosecution is the effective period for the judicial organs to investigate the criminal responsibility of criminals as stipulated in the Criminal Law. Where the statutory limitation period for prosecution has passed, the criminal responsibility of the criminal is no longer investigated ; if the case has been investigated, the case shall be dismissed, or no prosecution shall be instituted or the innocence shall be acquitted.
If the statutory maximum sentence is life imprisonment or death penalty, the limitation period for prosecution is 20 years. If the prosecution is deemed necessary after 20 years, the prosecution can still be made after it has been reported to the Supreme People s Procuratorate for approval.
According to the provisions of China s disciplinary regulations, if the case has expired, the criminal liability will no longer be investigated, but the party s disciplinary sanctions are not subject to limitation.