How long is the prosecution period for public security cases?

The limitation of prosecution for public security cases is six months. Violations of public security administration that have not been discovered by public security organs within six months shall not be punished.

Legal analysis

The limitation of prosecution is the effective period of criminal prosecution against criminals stipulated by criminal law; During this period, the judicial organs have the right to prosecute; After this period, the judicial organs can no longer pursue the prosecution. Therefore, exceeding the limitation of prosecution means that the right to seek punishment, sentencing and execution cannot be exercised, and legal consequences other than punishment cannot be applied, leading to the elimination of legal consequences. Public security management, also known as public security management, refers to the administrative behavior that public security organs engage in according to law in order to maintain social order and ensure the normal conduct of social life. Public security management punishment is divided into warning, fine and detention. Warning is a written condemnation and warning given by public security organs to those who violate public security management. Fines are a way of public security management punishment that public security organs restrict people who violate public security management from paying a certain amount of RMB cash to the state within a certain period of time. Detention, that is, public security detention and administrative detention, is an administrative punishment method in which public security organs forcibly detain people who violate public security management in a specific place according to law and deprive them of their personal freedom for a certain period of time to show their punishment. It is the heaviest punishment in public security management. The time limit for prosecution of public security cases is six months, and those who violate the law on public security administration punishment will not be punished if they have not found illegal acts for more than six months.

legal ground

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 10 Penalties for public security administration are divided into: (1) warning; (2) a fine; (3) Administrative detention; (4) Revoking the license issued by the public security organ. Foreigners who violate the administration of public security may apply for another time limit to leave the country or be deported.

Twenty-second violations of public security management are not discovered by the public security organs within six months, and will not be punished. The time limit prescribed in the preceding paragraph shall be counted from the date when the violation of public security administration occurs; If the violation of public security management has a continuous or continuous state, it shall be counted from the date of the end of the act.