Where the statutory maximum sentence is life imprisonment or the death penalty, the limitation period for prosecution is 20 years. If the prosecution is deemed necessary after 20 years, it can still be prosecuted after being reported to the Supreme People s Procuratorate for approval.
If the legal maximum sentence is life imprisonment or death penalty, it will take 20 years. If it is deemed necessary to prosecute after 20 years, it must be reported to the Supreme People s Procuratorate for approval.
Article 88 [Extending the time limit for prosecution] After the people s procuratorate, public security organ, or national security organ initiates a case for investigation or the people s court accepts a case and evades investigation or trial, it is not subject to the time limit for prosecution.
If the victim lodges a complaint within the time limit for prosecution, the people s court, people s procuratorate, and public security organ shall file the case without filing the case, and it is not subject to the time limit for prosecution.
Article 89 [Calculation and interruption of prosecution period] The prosecution period is calculated from the date of the crime; if the criminal act is continuous or continued, it is calculated from the end of the criminal act.
The deadline for prosecution of an offender is calculated from the date of the crime. The so-called crime day refers to the day when the crime was established. Because the criminal law has different requirements for different types and forms of crime, the calculation standards for the day when the crime is established are correspondingly different:
(4) The suspension of an offense shall be determined on a case-by-case basis: if the suspension of a crime is initiated after the commission of the crime, it shall be counted from the day when the crime was committed; if the crime is suspended at the preliminary stage, it shall be counted from the date of the suspension of the crime.
8 (8) Crimes that occur outside our country and the results of which occur within the territory of our country shall also be counted from the day the results of the crime occur.
According to Article 89 of the Criminal Law, if the criminal act is continuous or continued, the time limit for prosecution shall be calculated from the date when the criminal act ends. It can be seen that the standard for calculating the prosecution period for consecutive offenders and continuing offenders is the end of the crime.
Due to the specific characteristics of consecutive offenders and continuing offenders, their respective end-of-crime days are also different. Consecutive offenses are for the purpose of continually committing several identical acts, each of which can constitute a separate crime. Therefore, the end date of successive criminal acts refers to the day when the last criminal act was established. Recidivism means that a criminal act is continued for a certain period of time. Therefore, the day when the continuing criminal act ends is the day when the state of continuation ends.