If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
Processing flow:
1. The acceptance of filing materials refers to the activities of public security organs, people's procuratorates or people's courts to receive and shelter persons or materials who report, accuse, report and surrender themselves.
2 filing materials review refers to the activities of public security organs, people's procuratorates or people's courts to check and investigate the accepted materials. Lay a foundation for making a correct decision on whether to file a case or not. In order to do a good job in reviewing the filing materials, the following steps and methods are generally adopted: fact review and evidence or evidence clue review.
3. Disposal of archived materials
The public security and judicial organs shall, after reviewing the filing materials and making necessary investigations, deal with them according to different situations:
(1) decided to file a case and go through corresponding legal procedures.
(2) Decided not to file a case and went through corresponding legal procedures.
4. For those who decide not to file a case, the staff will make a notice of not filing a case. After the relevant person in charge agrees, he will inform the complainant of the reasons for not filing the case and inform the complainant that if he refuses to accept it, he can apply for reconsideration. The competent authority shall seriously reconsider and notify the unit or individual that reported, accused or reported the reconsideration result.
Extended information: A criminal case refers to a case in which a criminal suspect or defendant is accused of violating social relations protected by criminal law. In order to investigate the criminal responsibility of criminal suspects and defendants, the state places criminal suspects and defendants on file for investigation and trial, and imposes criminal sanctions (such as fines, fixed-term imprisonment, death penalty and deprivation of political rights).
Generally, the national criminal judicial organs take the initiative to intervene in criminal cases. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.
References:
Baidu encyclopedia of criminal cases