Criminal Statutes of Limitation in China: When Prosecution Is Time-Barred
Like most legal systems, Chinese law imposes time limits on criminal prosecution. Under Criminal Law, Articles 87–89 [CN official], the limitation period depends on the maximum statutory sentence for the offence.
The Limitation Periods
The prosecution limitation is: 5 years for offences punishable by less than 5 years' imprisonment; 10 years for offences punishable by 5–10 years; 15 years for offences punishable by 10+ years; and 20 years for offences punishable by life imprisonment or death. After 20 years, prosecution requires Supreme People's Procuratorate approval.
When the Clock Stops or Resets
The limitation period runs from the date of the offence. If the offence is continuous or continuing, from the date the offending conduct ends. If a new offence is committed during the limitation period, the period for the earlier offence starts anew from the date of the new offence. Where a case has been filed for investigation but the suspect evades investigation or trial, the limitation period is not counted.
Primary legislation: Criminal Law, Articles 87–89 [CN official]