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Limitation period for prosecuting fraud
Legal analysis

According to the relevant provisions of China's criminal law, the limitation of prosecution for fraud is 20 years. Because the limitation of prosecution is determined by the statutory maximum penalty for the crime that the suspect is accused of. If the statutory maximum penalty for a crime is less than 5 years, the limitation of prosecution shall be 5 years; If the statutory maximum penalty for a crime is more than 5 years but less than 10 years, the limitation of prosecution shall be 10 years; If the statutory maximum penalty for this crime is fixed-term imprisonment of 10 years or more, the limitation of prosecution is 15 years; If the statutory maximum penalty for this crime is life imprisonment or death penalty, the limitation of prosecution is 20 years. After 20 years, if the procuratorate deems it necessary to prosecute, it shall report to the Supreme People's Procuratorate for approval. The statutory maximum penalty for fraud is life imprisonment, so the limitation of prosecution is 20 years. After 20 years, the procuratorate has no right to investigate his criminal responsibility.

legal ground

Article 87 of the Criminal Law of People's Republic of China (PRC) shall not be prosecuted beyond the following time limit: (1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years; (2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years; (3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years; (4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval. Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.