If the statutory maximum penalty is fixed-term imprisonment of not more than five years, after five years; If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, after ten years; If the statutory maximum penalty is fixed-term imprisonment of not less than 10 years, after 15 years; If the maximum legal punishment is life imprisonment or death penalty, after 20 years. The time limit for prosecution of a crime is determined by the statutory maximum penalty for the crime. After the investigation organ files a case for investigation or the people's court accepts the case, it evades investigation or trial, or the victim files a complaint within the prosecution period, and the judicial organ should file a case instead of filing it, so it is not limited by the prosecution period. This is an extension of the restriction. If a crime is committed again within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date of the latter criminal. This is a limited interrupt. It can be seen that the limitation of criminal prosecution is not fixed. The statutory maximum penalty for the crime of dereliction of duty is 10 years imprisonment. Therefore, if there is no extension or interruption of the limitation of action, the prosecution period for the crime of dereliction of duty is 10 years, counting from the date of the crime.
To constitute the crime of dereliction of duty, the following conditions must be met:
1, the subject of this crime is the staff of state organs, that is, the personnel engaged in public affairs in state power organs, administrative organs, judicial organs, military forces and political parties.
2. This crime is a kind of negligence subjectively.
3. This crime is objectively manifested as failure to perform, incorrect performance or abandonment of performance of duties, resulting in heavy losses to public property, the interests of the state and the people.
4. It only constitutes a crime if it causes great losses to public property, the interests of the state and the people.
Legal basis:
Provisions of the Supreme People's Procuratorate on the standard of filing cases of dereliction of duty and infringement.
Article 397 A case shall be placed on file under any of the following circumstances:
1, causing more than 1 person to die, or more than 3 people seriously injured, or more than 2 people seriously injured and 4 people slightly injured, or more than 1 person seriously injured and 7 people slightly injured, or more than1person slightly injured;
2, causing serious poisoning of more than 20 people;
3. Causing direct economic loss of personal property of more than 6.5438+500,000 yuan, or direct economic loss of less than 6.5438+500,000 yuan, but indirect economic loss of more than 750,000 yuan;
4. Causing direct economic losses of more than 300,000 yuan to public property or the property of legal persons or other organizations, or direct economic losses of less than 300,000 yuan, but indirect economic losses of more than 6,543,800 yuan+0.5 million yuan;
5. Although it does not meet the standards of Grade 3 and 4, the total direct economic losses of Grade 3 and 4 are more than 300,000 yuan, or the total direct economic losses are less than 300,000 yuan, but the total indirect economic losses are more than 6.5438+0.5 million yuan;
6. Causing companies, enterprises and other units to stop business, stop production 1 year or more, or go bankrupt;
7. The staff of the customs and foreign exchange administration departments are seriously irresponsible, resulting in fraudulent purchase of foreign exchange 1 10,000 USD or evasion of foreign exchange 1 10,000 USD;
8, serious damage to the national reputation, or cause adverse social impact;
9 other circumstances that cause heavy losses to public property, the interests of the state and the people.