1, interrogation. When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender, the victim and his agent ad litem, and put them on record.
2. Review the evidence materials. Mainly examine whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct; Whether there are any omission crimes and other persons who should be investigated for criminal responsibility; Whether criminal responsibility should not be investigated; Whether there is an incidental civil action; Investigate whether the activities are legal.
3, according to the results of the review to decide whether to transfer to the court for prosecution. The procuratorate decided not to prosecute: the police can release it immediately. Of course, if the police think it is necessary to investigate again, they can first release the parties on bail pending trial, and then transfer them to trial after finding new evidence. The procuratorate decided to prosecute: all the case materials and evidence were transferred to the court together.
Court prosecution: the people's court hears a case of public prosecution and pronounced a sentence within two months after accepting it, not more than three months at the latest. After the judgment of first instance, you can appeal within ten days. If appealed, the case will go to the second instance. If no appeal is made, the judgment will take effect after the expiration and be delivered for execution.
If the case reaches the review stage of the procuratorate, you must immediately entrust a professional criminal defense lawyer to fight for commutation and probation for yourself, because the criminal case will be pronounced in 3 or 4 months at the earliest. If it is too late, the lawyer will have no time to read the case file and investigate and collect evidence repeatedly. Simple cases are ok, but lawyers in more complicated cases are anxious and start the trial without preparing the defense plan, which is very unfavorable to themselves.
Criminal Procedure Law of the People's Republic of China
Article 208
When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.