Immigration fraud prosecution

According to the law, it takes about five months for a criminal suspect to be detained and sentenced by the court, which generally does not take that long. If the evidence is insufficient, the case can be dismissed. This will increase the time by about four months at most.

For fraud cases, the law does not clearly stipulate the time to solve the case, nor can it be stipulated, because the circumstances of the case are different. If a criminal suspect is arrested after the case is detected, if the criminal suspect is detained or arrested, the investigation shall be terminated within two months and transferred to the procuratorate. The procuratorate examines and prosecutes for one month, and if it thinks that it is suspected of committing a crime, it brings a lawsuit to the court, and the court hears the judgment for two months.

Criminal procedure law

Article 154 The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.

Article 169 The People's Procuratorate shall make a decision on a case transferred for prosecution by the public security organ within one month, and may extend it by half a month for major and complicated cases.

Extended data

Decision of the Fifth People's Congress of Yunnan Province on Delaying the Implementation of the Criminal Procedure Law

First, the provisions of Article 92 of the Criminal Procedure Law shall be implemented. For major and complicated cases that cannot be concluded after two months of investigation, the detention period of the defendant may be extended by two months. Particularly serious and complicated cases, which cannot be terminated according to the above extension period, shall be extended by the provincial people's procuratorate and submitted to the Standing Committee of the Provincial People's Congress for approval.

Two, in the implementation of the provisions of Article 97 and Article 99 of the Criminal Procedure Law, the people's Procuratorate of the public security organs to prosecute major and complex cases, after the expiration of the extension of half a month is still unable to make a decision, can be extended for another month. The people's procuratorate will return the case to the public security organ for supplementary investigation. If the supplementary investigation cannot be completed within one month, it may be extended for one month.

Three, in the implementation of the provisions of Article 125 of the Criminal Procedure Law, the people's court for major and complicated cases of public prosecution, after accepting the verdict, can be extended to two months, not more than three months at the latest.

Four, the implementation of the provisions of Article 142 of the Criminal Procedure Law, the appeal and protest cases accepted by the people's court of second instance may be extended to be concluded within two months after acceptance, but not more than three months at the latest.

Five, the public security organs of criminals in custody, that need to be arrested, should still be handled in accordance with the provisions of Article 48 of the Criminal Procedure Law, shall not extend the legal detention period.

Reference: laws and regulations network? Decision of the Fifth People's Congress of Yunnan Province on Delaying the Implementation of the Criminal Procedure Law