According to the regulations, criminal suspects can entrust lawyers to defend themselves, but in judicial practice, some criminal suspects do not entrust lawyers to defend themselves, which is unfavorable to the protection of their legitimate interests. According to the relevant laws of our country, a criminal suspect who has not entrusted a defense lawyer will not be convicted of a felony. The court will make a judgment based on the facts of the crime and the evidence available, and the suspect can also apply for legal aid if he is in financial difficulties.
Criminal cases refer to cases in which criminal suspects and defendants are accused of violating social relations protected by criminal law, and the state conducts investigation, trial and criminal sanctions in order to investigate the criminal responsibility of criminal suspects and defendants.
In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.
The vast majority of criminal cases are investigated by public security organs, and very few cases are investigated by procuratorates. Here, we only talk about public security investigation. When a public security organ discovers a criminal act, it shall file a case for investigation. When it receives the report, it needs to check it. If it is found through examination that it may constitute a crime, it shall be put on file for investigation.
The public security organ may summon the criminal suspect to make a statement and investigate after filing a case. Only then can we decide whether to take criminal detention on the suspect. If criminal detention is decided, it will be sent to the detention center. Those who do not take criminal detention may be released on bail pending trial or under residential surveillance. The term of criminal detention is three days, which can be extended by one to four days under special circumstances. 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. After the expiration of the period, those who do not need to be arrested may be released on bail pending trial or under residential surveillance. Anyone who needs to be arrested must apply to the procuratorate for approval, and the procuratorate has seven days to decide whether to approve the arrest. The detention period of 30 days plus the approval of arrest period of 7 days is the origin of what we often call "golden 37 days" in criminal cases. At this point, the case was not really transferred to the procuratorate, but only applied to the procuratorate for approval of the arrest. When many people hear that it is sent to the procuratorate, it is easy to confuse the review and prosecution. If the procuratorate decides to arrest, the public security organ shall carry out the arrest; If the procuratorate decides not to approve the arrest, it may be released on bail pending trial or under residential surveillance. The reason why this is a "golden 37 days" is that the procuratorate will be more cautious than criminal detention when approving arrest. Many circumstances may be the reason why the procuratorate does not approve the arrest. For example, the lack of criminal evidence may not constitute a crime, the circumstances of the crime are minor, or there are circumstances such as surrender, meritorious service, confession and repentance, and the victim's understanding, which may affect the arrest decision of the procuratorate. If the procuratorate does not approve the arrest, not only will the suspect not be detained in the detention center, but the chances of not prosecuting or eventually being sentenced to probation by the court will be even greater. Therefore, in the process of criminal defense, it is very important to apply to the procuratorate for not approving the arrest.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 35 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them. If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Article 200 After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgments after deliberation based on 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;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.