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, to meet the criminal suspect in custody and to know the relevant 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, 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.
Legal basis: Article 178 of the Procedures for Handling Criminal Cases by Public Security Organs.
After accepting a case, the public security organ shall, after examination, consider that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
If new facts or evidence are found after deciding not to file a case, or if the original facts are found to be wrong and need to be investigated for criminal responsibility, the case shall be filed in time.