1. How long does it take for a drunk driving case to reach the procuratorate?
It usually takes two or three months for drunk driving to send the public security organs to the procuratorate. Drunk driving is a common criminal case, which roughly goes through three stages, namely, investigation stage, examination and prosecution stage and trial stage. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time.
Do you still need to send the case to the procuratorate after the drunk driving trial?
It takes two or three months for general criminal cases to be transferred from criminal detention to procuratorate. Criminal cases generally go through three stages, namely, investigation stage, examination and prosecution stage and trial stage:
1. Investigation stage: The public security organ may impose criminal detention on the flagrante delicto or major suspect. Detainees should be questioned within 24 hours after detention. 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. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect. 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. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law. If the suspect is arrested, the lawyer hired can apply for bail pending trial. The public security organ shall not detain a criminal suspect for more than two months after his arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence;
2. Examination and prosecution stage: When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender. Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month. 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 in accordance with the provisions on trial jurisdiction;
3. Trial stage: After the people's court has examined the case in which the public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and there is a list of evidence, a list of witnesses and a copy or photo of the main evidence, it shall decide to hold a trial. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public. Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant. When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.
Second, after the prisoner identified the scene, did he close the case quickly?
The next step after identifying the scene is not necessarily to arrest, and there is no necessary connection between the two before. The significance of identifying the scene is to better convict the case. In order to prevent others from impersonating, law enforcement departments require criminal suspects to identify the scene. However, only those who may be sentenced to more than fixed-term imprisonment, taking measures such as bail pending trial and residential surveillance are not enough to prevent social danger, but if it is really necessary to arrest, the arrest shall be approved.
1. In the investigation stage of a criminal case, in order to fix and verify the evidence, the suspect will be required to identify the scene. Identifying the scene shows that the facts of the case have been identified.
Criminal cases are generally divided into four stages: acceptance stage, investigation stage, investigation stage and closing stage.
From the beginning of filing a case, it will be initially qualitative, and then it may change according to the investigation. Generally, this characterization will be more accurate when it is transferred to the procuratorate for prosecution. Of course, the final nature still depends on the court. To sum up, when inspecting the scene, it is generally in the investigation stage, and the case has been preliminarily characterized when inspecting the scene.
According to Article 249 of the Procedures for Handling Criminal Cases by Public Security Organs, in order to find out the case, investigators may, when necessary, let victims, witnesses or criminal suspects identify articles, documents, corpses, places or criminal suspects related to crimes.
2. Approval of arrest is a criminal procedure, and approval of arrest is the authority of procuratorial organs, which is executed by public security organs (state security organs).
Criminal procedure law
Article 85 When a public security organ requests the arrest of a criminal suspect, it shall write a letter of approval of the arrest, and submit it to the people's procuratorate at the same level for examination and approval together with the case files and evidence. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
Article 86 After the people's procuratorate has examined and approved the arrest, it may interrogate the criminal suspect. In any of the following circumstances, the criminal suspect shall be interrogated:
(1) has doubts about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(3) There may be major illegal acts in the investigation activities.
When examining and approving an arrest, the people's procuratorate may ask witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
Third, what is the process of handling criminal cases?
1, investigation stage:
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention.
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. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect.
2, review and prosecution stage:
When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender.
Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody.
The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
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 in accordance with the provisions on trial jurisdiction.
3. Trial stage:
After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant.