Starting point of limitation of prosecution

First, where does the limitation of prosecution begin to be calculated?

1, where the starting point of the limitation of prosecution begins to be calculated, it should be analyzed according to the specific situation:

(1) The time limit for investigating criminal responsibility shall be counted from the date of committing the crime;

(2) If the criminal act has a continuous or continuous state, it shall be counted from the date when the criminal act ends;

(3) If a crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date when the latter crime is committed.

2. Legal basis: Article 89 of the Criminal Law of People's Republic of China (PRC).

The calculation of the time limit for prosecution and the interruption of the time limit for prosecution shall be calculated from the date of the crime; If the criminal act has a continuous or continuous state, it shall be counted from the date when the criminal act ends.

If a crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date when the latter crime is committed.

Second, how long does it take for a crime to stop being prosecuted?

After the following time limit, the crime will not be prosecuted:

1. If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years;

2. The statutory maximum penalty is more than 5 years but less than 10 years, or after 10 years;

3. If the statutory maximum penalty is 10 years of fixed-term imprisonment, after 15 years;

4. The maximum legal punishment is life imprisonment or death penalty, after 20 years;

5.20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.