Procedures for handling criminal cases by public security organs

Article 183 If one of the following circumstances is found after investigation, the case shall be dismissed:

(3) The crime has passed the limitation period for prosecution;

Article 87 of the Criminal Law of People's Republic of China (PRC) shall not be prosecuted after the following time limit:

(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;

(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;

(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;

(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.

Extended data:

The limitation of prosecution in criminal cases is determined according to the severity of legal punishment for various crimes:

1. If the statutory maximum penalty is less than five years' imprisonment, the limitation period for prosecution shall be five years;

2. If the statutory maximum penalty is more than 5 years but less than 10 year, the limitation period for prosecution is 10 year;

3. If the statutory maximum penalty is fixed-term imprisonment of 10 years or more, the limitation period for prosecution is 15 years;

4. If the statutory maximum punishment is life imprisonment or death penalty, the limitation period for prosecution shall be twenty years. If it is deemed necessary to prosecute after 20 years, it can still be prosecuted after being submitted to the Supreme People's Procuratorate for approval.

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