Article 122 The period during which the mental illness of a criminal suspect is under verification shall not be included in the period of time for handling the case.
Article 123 If a criminal suspect who should be arrested is a fugitive, a public security organ may issue a wanted order and take effective measures to pursue him for arrest and bring him to justice.
Public security organs at any level may directly issue wanted orders within the areas under their jurisdiction; they shall request a higher- level organ with the proper authority to issue such orders for areas beyond their jurisdiction.
SECTION 9 CONCLUSION OF INVESTIGATION
Article 124 The time limit for holding a criminal suspect in custody during investigation after arrest shall not exceed two months. If the case is complex and cannot be concluded within the time limit, an extension of one month may be allowed with the approval of the People s Procuratorate at the next higher level.
Article 125 If due to special reasons, it is not appropriate to hand over a particularly grave and complex case for trial even within a relatively long period of time, the Supreme People s Procuratorate shall submit a report to the Standing Committee of the National People s Congress for approval of postponing the hearing of the case.
Article 126 With respect to the following cases, if investigation cannot be concluded within the time limit specified in Article 124 of this Law, an extension of two months may be allowed upon approval or decision by the People s Procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) grave and complex cases in outlying areas where traffic is most inconvenient;
(2) grave cases that involve criminal gangs;
(3) grave and complex cases that involve people who commit crimes from one place to another; and
(4) grave and complex cases that involve various quarters and for which it is difficult to obtain evidence.
Article 127 If in the case of a criminal suspect who may be sentenced to fixed-term imprisonment of ten years at least, investigation of the case can still not be concluded upon expiration of the extended time limit as provided in Article 126 of this Law, another extension of two months may be allowed upon approval or decision by the People s Procuratorate of a province, autonomous region or municipality directly under the Central Government.
Article 128 If during the period of investigation a criminal suspect is found to have committed other major crimes, the time limit for holding the criminal suspect in custody during investigation shall be recalculated, in accordance with the provisions of Article 124 of this Law, from the date on which such crimes are found.
If a criminal suspect does not tell his true name and address and his identity is unknown, the time limit for holding him in custody during investigation shall be calculated from the date on which his identity is found out. However, before then, the investigation into his crime and obtaining of evidence shall not be ceased. If the facts of a crime are clear and the evidence is reliable and sufficient, the case may, by the name given by the criminal suspect himself, be transferred to a People s Procuratorate for examination and prosecution.
此文章共有21页 [上一页] [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [下一页]
本文关键词:刑事诉讼
收藏到法律网摘 讨论 打印 页顶 关闭