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How is the period of criminal prosecution stipulated

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How is the period of criminal prosecution stipulated


        

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  • 2024-06-18 17:00:48

    The term of criminal prosecution refers to the period of validity for investigating criminal responsibility of criminals in accordance with the provisions of the Criminal Law. If the criminal act of a criminal has exceeded the limitation period for prosecution prescribed in the Criminal Law, his criminal responsibility shall no longer be investigated; If criminal responsibility has been investigated, the case shall be dismissed.

    Legal basis

    Article 87 [Limitation period for prosecution] of the Criminal Law of the People's Republic of China will not be prosecuted after the following periods:
    (1) Five years, if the maximum punishment prescribed is fixed-term imprisonment of less than five years;
    (2) 10 years, if the maximum punishment prescribed is fixed-term imprisonment of not less than five years but not more than 10 years;
    (3) Fifteen years, if the maximum punishment prescribed is fixed-term imprisonment of not less than 10 years;
    (4) If the maximum punishment prescribed is life imprisonment or death penalty, 20 years shall elapse. If it is deemed necessary to prosecute after 20 years, it shall be reported to the Supreme People's Procuratorate for approval.

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