1, initiate an 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.
2. Review and prosecution
After the investigation stage, the case entered the stage of examination and prosecution. After investigation, the public security organ will transfer the case file to the procuratorate, which will review the case and decide whether it is necessary to file a public prosecution with the people's court.
3. Trial stage
According to Article 3 of the Criminal Procedure Law, the public security organs are responsible for the investigation, detention, execution and pre-trial of criminal cases.
The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs.
The people's court is responsible for the trial.
Except as otherwise specified by law, no other organ, group or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
1. Review of public prosecution cases:
After the court of first instance receives a public prosecution case, the president or the president appoints a judge to review the prosecution materials. As long as the indictment contains clear facts about the alleged crime, and is accompanied by a list of evidence, a list of witnesses and a copy or photo of the main evidence, a decision to hold a trial shall be made. However, whether the evidence is reliable is not a necessary condition for deciding whether to hold a trial.
2. Pre-trial preparation:
(1) Determine the members of the collegial panel. The clerk is not a member of the collegial panel, and the presiding judge is appointed by the president or the chief judge.
(2) A copy of the indictment shall be delivered to the defendant 10 days before the trial.
(3) Inform the people's procuratorate of the time and place of the court session three days before the court session.
(4) Summoning participants in the proceedings. Summons and notices shall be served three days before the court session.
(5) Inform the defendant that he can entrust a defender, and if necessary, he can appoint a lawyer who undertakes the obligation of legal aid to defend him.
(6) For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be made public in advance 3 days before the court session.
(seven) cases involving state secrets and personal privacy are not heard in public; /kloc-cases of crimes committed by minors under the age of 0/6 will not be heard in public; Cases of crimes committed by minors who have reached the age of 16 are generally not heard in public.
3. The court trial:
(1) court session. The presiding judge should find out whether the parties appear in court and announce the cause of action: announce whether the trial is open; To announce the names of members of the collegial panel, clerks, prosecutors and other participants in the proceedings; Inform the parties that they have the right to apply for withdrawal. Inform the defendant of his right to defense, etc.
(2) court investigation. Court investigation refers to the process that the prosecution and the defense reveal the true situation of the case through their own evidence and opinions under the auspices of the people's court. It is the central link of the trial, and the specific procedures are as follows: the prosecutor reads the indictment; Statements of the defendant and the victim; Interrogate and question the defendant; Verify evidence, etc. During the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment and investigate and verify the evidence in the past. The parties and their agents ad litem have the right to apply for new witnesses to appear in court, obtain new material evidence and apply for re-appraisal or inspection. The court shall make a decision on whether to approve the above application.
(3) court debate. With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the case, and may argue with each other.
(4) the defendant's final statement. This is a necessary procedure for court trials. It refers to the defendant stating his opinions on the case or expressing his understanding and attitude. No organ or individual may deprive the defendant of the right to make a final statement. All activities of the court shall be written by the clerk, examined by the presiding judge and signed by the presiding judge and the clerk.
(5) Appraisal and sentencing. According to the facts, evidence and relevant laws and regulations ascertained by the court, the collegial panel decided how to deal with it and made a judgment. After secret deliberation, the collegial panel made the following judgments respectively:
① If the facts of the case are clear and the evidence is 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.
After the review, the verdict can be pronounced in court. If the verdict is pronounced in court, it shall be served on the parties and the procuratorate that initiated the public prosecution within 5 days; If a verdict is pronounced regularly, the verdict shall be served immediately after the verdict is pronounced.
What is the scope of application of criminal reconciliation?
(1) Due to a civil dispute, he is suspected of violating citizens' personal rights, democratic rights and property in Chapters IV and V of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years.
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
"Caused by civil disputes" refers to disputes between citizens about personal, property rights and other civil rights and interests in daily life, which leads to crimes, such as love disputes, neighborhood disputes, homestead disputes, debt disputes, etc. "May be sentenced to fixed-term imprisonment of not more than three years" refers to the punishment that the criminal suspect is found to be involved in the crime according to the relevant facts and evidence, and may be sentenced to fixed-term imprisonment of not more than three years according to the sentencing range stipulated in the Criminal Law. In practice, crimes such as causing personal injury (minor injury), insult and slander are common.
It should be noted that, first of all, the "civil disputes" mentioned here are based on Article 3 of the Measures for the Handling of Civil Disputes. Civil disputes refer to personal rights, property rights and other disputes between citizens in daily life. Therefore, disputes caused by common civil contradictions such as love, marriage, family and neighborhood in practice can all be regarded as civil disputes.
Criminal litigation refers to a way of litigation in which public security organs, people's procuratorates and people's courts participate in litigation. The process of criminal prosecution is generally divided into three stages, which occur in public security organs, people's procuratorates and people's courts.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 186 After the people's court has examined the case in which public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, it shall decide to hold a hearing.
Article 187 After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate to the defendant and his defender ten days before the hearing.
Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
The above activities shall be recorded in the record and signed by the judges and the clerk.