According to the provisions of the Criminal Procedure Law, general criminal cases generally go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court).
First, the 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.
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.
Second, the 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 can consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people's procuratorate examines and prosecutes the case, and can meet and communicate 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.
Third, the 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.
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 stipulated in Article 156 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.
After hearing the case, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
A friend was detained in the detention center for minor injuries. Can he be sentenced to probation for three months? It depends on the nature of the problem. However, the family has its own rules and state-owned laws. It doesn't need your concern.
It's been three months since I got into trouble and asked for a lawyer. What happened in court? Within the time limit prescribed by law, four or five months is normal for the simplest criminal case.
After three months in the detention center, how long will it take to go to the procuratorate for trial, no more than six months at most.
How to calculate the cost of hiring a lawyer for the crime of stirring up trouble? People entering the detention center are subject to the * * * guidance price, which varies from place to place. I suggest you consult the local price department or the judicial administrative department.
It's hard to predict how long it will take to get to the procuratorate after three months of trouble in the detention center. The investigation period is usually two months. If the case is complicated, it may involve supplementary investigation, so the investigation period will be extended. After the public security investigation, the case files will be transferred to the procuratorate for review and prosecution. The review and prosecution usually lasts for 30 days. If the evidence is insufficient, it will be returned for supplementary investigation. Those who meet the conditions for prosecution shall be transferred to the court for prosecution. After the prosecution by the procuratorate, the court will accept the case, review the file materials and arrange the court session.
The crime of stirring up trouble went to the detention center. What happens if you don't hire a lawyer? You can't meet without a lawyer, and you can't keep abreast of the case and its progress. Can not better and more fully protect the legitimate rights of criminal suspects.
Hello, I want to ask, my uncle has been locked up in the detention center for almost three months because of the crime of picking quarrels and provoking troubles. Why is this an ordinary criminal case?
Ordinary criminal cases take three to six months to reach the court.
Intentional injury. Start a fight. Why haven't you been sentenced in the detention center for three months depends on the specific circumstances, because the detention time can be extended, theoretically indefinitely (with the consent of the National People's Congress), but according to the case, if your case is simple and the evidence is sufficient, it will be soon. In addition, the detention time can be reduced, please rest assured. It is best to find a lawyer and follow up regularly on specific issues.
My son is a minor and has been detained for more than six months. How long has he been sentenced to detention for more than six months? Explain that the case is complicated and serious. The trial will be held in 1 year at most.