First of all, there are only two ways to close criminal cases:
1. The court made a judgment.
2. The public security withdraws the lawsuit or the procuratorate does not prosecute.
If the suspect does not file a case, the court cannot make a judgment.
If the police think that the facts are clear and the evidence is sufficient, they will not drop the charges even if they can't catch the person, but pursue them online. If they can't catch it, they will keep chasing until they catch it.
The rights of criminal suspects
The criminal suspect and his legal representative have the right to ask the person in charge of the investigation organ, the case investigator, the expert witness and the translator who have an interest in the case to withdraw.
Second, the closing process is as follows:
1, put on record. Meeting the conditions for filing and registration; If it is uncertain whether the conditions for prosecution are met on the spot, it shall receive the prosecution materials and issue a written certificate indicating the date of receipt. If supplementary materials are needed, it shall decide whether to file a case within 7 days after supplementary materials, and the time limit for filing a case shall be calculated to the people's court from the day after correction.
2. Property preservation before litigation. The court shall make a ruling within 48 hours, and if the ruling is preserved, it shall be executed immediately (the applicant must provide a guarantee). The applicant shall file a lawsuit within 30 days after taking protective measures.
3. Apply for evidence preservation. The parties shall apply to the people's court for evidence preservation in accordance with relevant laws and regulations not later than 7 days before the expiration of the time limit for adducing evidence.
4. The court informs the parties to hold a hearing.
5. Time for the defendant to reply. The people's court will send a copy of the complaint to the defendant within 5 days from the date of filing the case, and the defendant will file a reply within 15 days from the date of receiving the complaint.
6. The parties provide evidence.
7. Apply for witnesses to appear in court.
8. Time required for the court to close the case.
III. Legal rights enjoyed by criminal suspects:
1, the right to legal help
A criminal suspect may, after the first interrogation by the investigation organ or the day when compulsory measures are taken, hire a lawyer to provide him with legal advice and represent him in complaints and accusations.
2, the right to entrust a defender
The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. 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.
3. Right to apply for withdrawal
If the procurator or his close relatives have an interest in the case, and the procurator accepts the client and his client's treat and presents, and meets the client and his client in violation of the regulations, the criminal suspect has the right to ask him to withdraw.
4. The right to use the spoken and written languages of one's own nationality in litigation.
5. Right to apply for bail pending trial
Criminal suspects in custody and their legal representatives, close relatives and lawyers hired have the right to apply for bail pending trial.
6. Have the right to refuse to answer questions irrelevant to this case.
7. Right to request the cancellation of coercive measures
If a criminal suspect and his legal representative, close relatives or lawyers entrusted by the criminal suspect take compulsory measures against the people's procuratorate for more than the statutory time limit, they have the right to demand the cancellation of compulsory measures.
8. Right to apply for supplementary appraisal or re-appraisal
A criminal suspect may apply for supplementary appraisal or re-appraisal of the appraisal conclusion used as evidence.
9. The right of appeal against the decision of the people's procuratorate not to prosecute.
A criminal suspect may appeal to the people's procuratorate against the decision made by the people's procuratorate not to prosecute.
10, with the right to view records.
The interrogation record shall be submitted to the criminal suspect for verification. If there are omissions or errors in the record, the criminal suspect may supplement or correct it.
1 1, the right to sue for infringement
Procurators have the right to sue for violations of citizens' litigation rights and personal insults.
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A criminal suspect who has been infringed upon his personal rights or property rights due to the illegal exercise of functions and powers by the People's Procuratorate and its staff has the right to compensation.
Legal basis:
Criminal law of the people's Republic of China
Article 26 The ringleaders are those who organize and lead criminal groups to engage in criminal activities or play a major role in joint crimes.
A relatively fixed criminal organization in which three or more persons jointly commit crimes is a criminal group.
The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group.
Principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in, organized or directed.
Article 27 A person who plays a secondary or auxiliary role in the same crime is an accessory.
An accessory shall be given a lighter, mitigated or exempted punishment. Criminal Procedure Law of the People's Republic of China
Article 93 When arresting a person, the public security organ must produce an arrest warrant.
After the arrest, the arrested person shall be immediately sent to the detention center for custody. Unless it is impossible to notify, the family of the arrested person shall be notified within 24 hours after the arrest.