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How long will the criminal responsibility not be investigated after the crime?

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How long will the criminal responsibility not be investigated after the crime?


        

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  • 2024-06-14 17:00:01

    How long will the criminal responsibility not be investigated after the crime?
    According to Article 87 of the Criminal Law, a crime will not be prosecuted after the following periods: (1) if the maximum legal punishment is less than five years of fixed-term imprisonment, five years will pass; (2) 10 years, if the maximum punishment prescribed is fixed-term imprisonment of not less than 5 years but not more than 10 years; (3) 15 years, if the maximum punishment prescribed is fixed-term imprisonment of not less than 10 years; (4) After 20 years, if the maximum punishment prescribed is life imprisonment or death penalty. If it is deemed necessary to prosecute after 20 years, it shall be reported to the Supreme People's Procuratorate for approval. When the time limit for prosecution of the former crime is calculated from the date of committing the latter crime, if the statutory maximum punishment of the latter crime is lighter than the former crime, the time limit for prosecution of the latter crime expires, but the time limit for prosecution of the former crime has not expired, only the criminal responsibility of the former crime will be investigated. For example, the perpetrator committed the robbery of general circumstances on December 1, 1990, and the prosecution period is 15 years; He committed the crime of intentional injury (minor injury) on December 1, 1995, and the prosecution period was five years; The time limit for prosecution of robbery shall be recalculated from December 1, 1995; By December 2, 2000, the later crime (intentional injury crime) had exceeded the time limit for prosecution, but the former crime (robbery crime) had not exceeded the time limit for prosecution. In this case, only the criminal responsibility of robbery can be investigated, and the criminal responsibility of intentional injury can no longer be investigated.

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