What is the significance of the investigation?

Investigation refers to the activities carried out by procuratorial organs and public security organs in criminal proceedings to find out the facts of crimes, arrest criminal suspects, conduct special investigations according to law and take compulsory measures. The main purpose of investigation is to find out the facts of the case, generally from the date of filing the case to the date of making a decision on whether to transfer the case to prosecution. The power of investigation can only be exercised by organs that have the power of investigation according to law, that is, statutory investigation organs, mainly referring to public security organs and people's procuratorates. Other organs, organizations and individuals that have no investigative power according to law are prohibited from exercising investigative power.

1. What is the procedure of criminal proceedings?

1, criminal litigation refers to the judicial organs, procuratorial organs and investigation organs, with the participation of the parties and participants in the proceedings, to solve the criminal responsibility of the defendant in accordance with legal procedures.

2. Criminal proceedings mainly include five stages: filing, investigation, prosecution, trial and execution.

3、

Filing a case refers to the litigation activities in which public security organs, people's procuratorates and people's courts examine reports, complaints, reports and criminals' surrender, determine whether there are criminal facts that need to be investigated for criminal responsibility, and decide whether to file a case for investigation or trial according to law as a criminal case; Investigation refers to the special investigation work and relevant compulsory measures taken by a specific judicial organ to collect, identify and confirm crimes and detain criminals according to law; There are two kinds of prosecution, including public prosecution and private prosecution; Trial refers to the litigation activities in which the people's court, in accordance with the statutory authority and procedures, tries and judges criminal cases brought against it in accordance with the law with the participation of both the prosecution and the defense and other litigation participants;

Execution refers to the activities carried out by criminal execution organs in order to execute the contents determined by legally effective judgments and rulings. In China, the subjects of criminal execution are mainly people's courts, public security organs and prisons.

Second, what is the function of the people's procuratorate?

The people's procuratorate is a special legal supervision organ of the state, the only public prosecution organ of the state, and one of the state organs exercising investigation power, exercising the right of appeal in public prosecution cases on behalf of the state. In criminal proceedings, the people's procuratorates exercise the power of supervision, public prosecution and investigation according to law, including:

(1) Have the right to apply compulsory measures for filing criminal cases directly accepted for investigation according to law;

(2) If it is necessary to arrest a criminal suspect, it shall be approved or decided by the procuratorial organ, except in cases where the people's court directly decides to arrest him;

(3) having the right to decide on supplementary investigation for cases that need supplementary investigation;

(four) all cases that need to be prosecuted shall be examined and decided by the people's procuratorate;

(five) to supervise the investigation activities of the public security organs and the trial activities of the people's courts;

(6) to supervise the execution of all kinds of effective criminal judgments and rulings and the activities of prison and other enforcement organs, and to supervise whether the people's court's rulings on commutation and parole are correct.

The people's procuratorates are composed of the Supreme People's Procuratorate, local people's procuratorates at various levels, military procuratorates and other special people's procuratorates. Local people's procuratorates at all levels include people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government; Branches of people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government; People's procuratorates of counties, county-level cities and municipal districts.

Both the people's procuratorate and the people's court have the right to change the crime of arrest. Therefore, it must be said that the judicial department's right to handle cases lacks strong legislative constraints, and it is difficult to ensure that the basic rights of criminal suspects in the case will not be violated. It can only be said that the existence of lawyers is basically the only way to avoid some judicial infringement cases. If the charges change, lawyers can ask questions in court.

Legal basis:

Article 96 of the Criminal Procedure Law of People's Republic of China (PRC):

A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ.