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Time Limit for the Three Phases In Criminal Proceeding In China

2019-07-18 23:21:40      Civil and commercial litigation service network



Criminal Proceeding in China can be separated into three phases

 

The first phase is called Criminal Investigation dominated by competent police bureau.Evidence for allegation will be collected mainly in this phase.This phase can be divided into two subphases,the first one is detainment period,which will last no more than 7 days. But for such cases as vagabond offense,repeated or mutiple offense,joint offense,the period thereof shall be extended to 30 days.In the following 7 days after detainment,if an Arrest Warrant can't be acquired,the person detained must be released.If the arrest warrant is acquired,arrest period begins,which will usually last for no more than 2 months . Before expiracy of arrest period,the competent police bureau must prepare a Proposal for Indictment and commits the Proposal and all evidence and the person arrested to Procuratorate(an judicial institution in charge of prosecution),then the case enter its second phase.

 

The second phase is called Public Prosecution dominated by Procuratorate.In this phase,the prosecutor will review all evidence committed,interrogate the suspect.The period of  Public Prosecution  will usually last 1 month,but for complicated case the period shall be extended to 1 month and a half. The prosecutor is entitled to send back the case for further investigation if the prosecutor found some insufficiencies in evidence. Such right can be used twice and every Further Investigation can last no more than 1 month. Before expiracy of Public prosecution,the prosecutor is bound to prepare Indicment and commits the Indicment and all evidence and the person arrested to competent court,then the third phase begins.

 

The third phase is called Court Adjudication dominated by court.Just as you can imagine,in this phase the court arrange a hearing and make sentence. This period will usually last for no more than 1 month,but can be extended to 1 month and a half.For some very complicated case and subject to due preappoval,the extension can be further extended.



Next:What Will Happen After a Foreigner Is Detained in China

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