2. The period of investigation and detention after the arrest of a criminal suspect 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.
In addition, due to special reasons, especially serious and complicated cases are not suitable for long-term trial, and the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
If the investigation of the following cases cannot be completed within the time limit specified in Article 124 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Third, if the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, and the investigation cannot be concluded after the extension according to the provisions of Article 126 of this Law, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government. If a criminal suspect does not give his real name and address, and his identity is unknown, the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped. If the facts of the crime are clear and the evidence is true and sufficient, they may also be transferred to the people's procuratorate for examination and prosecution according to their self-reported names.
It can be concluded that the investigation organ should meet five conditions when transferring the case stipulated in the Criminal Procedure Law to the people's procuratorate for examination and prosecution, and the time for the public security organ to transfer the case to the people's procuratorate will vary according to the case, generally not less than two months.
Legal basis: Article 124 of the Criminal Procedure Law stipulates that the period of investigation and detention of a criminal suspect after 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 125 of the Criminal Procedure Law: For particularly serious and complicated cases that are not suitable for long-term trial due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Article 126 of the Criminal Procedure Law If the investigation cannot be concluded within the time limit stipulated in Article 124 of this Law, it may be extended for two months with the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Article 127 of the Criminal Procedure Law may sentence a criminal suspect to fixed-term imprisonment of more than 10 years. If the investigation cannot be concluded after the extension period stipulated in Article 126 of this Law expires, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government.
Article 128 of the Criminal Procedure Law If a criminal suspect is found to have committed other major criminal acts during the investigation, the period of investigation detention shall be recalculated in accordance with the provisions of Article 124 of this Law from the date of discovery.
If a criminal suspect does not give his real name and address, and his identity is unknown, the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped. If the facts of the crime are clear and the evidence is true and sufficient, they may also be transferred to the people's procuratorate for examination and prosecution according to their self-reported names.
Article 129 of the Criminal Procedure Law: When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, and write a prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision together with the case file and evidence.