2. Investigation: The public security organs investigate criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, and the crime is light or heavy;
3. If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court, and transfer the case files and evidence to the people's court.
I. Higher People's Court
Higher people's courts include: provincial higher people's courts, autonomous region higher people's courts and municipal higher people's courts. The Higher People's Court shall establish criminal courts, civil courts and economic courts, and other courts may be established if necessary.
To hear the following cases according to law:
1, a case of first instance under its jurisdiction as stipulated by laws and decrees;
2. Cases of first instance transferred for trial by lower people's courts;
3. Appeals and protests against judgments and rulings of lower people's courts;
4, the people's Procuratorate in accordance with the trial supervision procedures to protest the case;
Second, the intermediate people's court
Intermediate people's courts include: intermediate people's courts established by provinces and autonomous regions according to regions, intermediate people's courts established by municipalities directly under the central government, intermediate people's courts of cities under the jurisdiction of provinces and autonomous regions, and intermediate people's courts of autonomous prefectures. The Intermediate People's Court shall set up criminal courts, civil courts and economic courts, and other courts may be set up as necessary.
To hear the following cases according to law:
1, a case of first instance under its jurisdiction as stipulated by laws and decrees;
2. Cases of first instance transferred for trial by grassroots people's courts;
3 appeals and protests against the judgments and rulings of the grassroots people's courts;
4, the people's Procuratorate in accordance with the trial supervision procedures to hear the protest cases.
When the intermediate people's court considers that the criminal and civil cases it accepts are serious and should be tried by the people's court at a higher level, it may request that they be transferred to the people's court at a higher level for trial.
Third, the applicable object of the court.
1. In handling cases, the people's courts are equal to all citizens regardless of nationality, race, sex, occupation, social background, religious belief, education level, property status and length of residence, and are not allowed to have any privileges.
2. Citizens of all nationalities have the right to use their own spoken and written languages in litigation. The people's court shall translate for the parties who are not familiar with the local language. In areas where ethnic minorities live in compact communities or where many ethnic groups live together, the people's courts shall conduct trials in the local common language and issue judgments, notices and other documents in the local common language.
The defendant has the right to defend himself. In addition to defending himself, the defendant has the right to entrust a lawyer to defend him. Citizens recommended by people's organizations or the unit to which the defendant belongs or approved by the people's court may defend him, and close relatives or guardians of the defendant may defend him. When the people's court deems it necessary, it may appoint a defender to defend it.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 57 If a people's procuratorate receives a report, charges, reports or finds that investigators have collected evidence by illegal means, it shall investigate and verify it. If the evidence collected by illegal means is true, it shall put forward rectification opinions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 115 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 176 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.