Provisions on the trial stage of criminal cases:
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.
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.
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 specified in Article 163 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 will be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
The trial of criminal cases needs to be handled in strict accordance with the procedures stipulated in the above-mentioned laws, and the specific circumstances can be determined by the court according to law. Whether it is necessary to put in prison before trial depends on the criminal's illegal facts and relevant circumstances, and the specific situation depends on the seriousness of the actual criminal facts.
What is the procedure for filing a criminal case?
The filing procedure is the procedure, sequence and form of various litigation activities in the filing stage. The filing procedure mainly includes the acceptance of filing materials, the examination of materials and the treatment after examination.
(1) Acceptance of filing materials: public security organs, people's procuratorates or people's courts accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
(2) Review of filing materials: No matter the accusation, accusation and surrender materials accepted by public security organs, people's procuratorates and people's courts, or the case materials discovered by themselves, they should be reviewed.
(3) Handling of filing materials: After reviewing the case materials, the public security organ shall make a decision on whether to file a case according to law, and make other corresponding treatments according to the specific circumstances. If the public security organ refuses to accept the decision not to file a case, the complainant also has the right to appeal to the people's procuratorate and request the people's procuratorate to exercise the right to supervise the case. If the complainant refuses to accept the decision of the public security organ or the people's procuratorate not to file a case, and the content of the complaint conforms to the third provision of Article 170 of the Criminal Procedure Law, he has the right to bring a lawsuit directly to the people's court.
For a case of private prosecution, the people's court shall make a decision on whether to file a case within 15 days from the second day after receiving the private prosecution or oral notice, and notify the private prosecutor in writing or inform the person on his behalf.
Legal basis:
People's Republic of China (PRC) Prison Law
Article 16 When a criminal is committed for execution, the people's court that committed him for execution shall deliver a copy of the indictment of the people's procuratorate, a copy of the judgment of the people's court, the notice of execution and the registration form for closing the case to the prison at the same time. If the prison does not receive the above documents, it shall not be put into prison; If the above-mentioned documents are incomplete or recorded incorrectly, the people's court that made the effective judgment shall promptly supplement or correct them; Those who may lead to wrongful imprisonment will not be imprisoned.
Article 17 A criminal who has been handed over for execution of a penalty shall be put in prison if he meets the provisions of Article 16 of this Law. After a prisoner is put in prison, the prison shall give him a physical examination. If, after investigation, it is temporarily executed outside prison, the prison may put forward written opinions and report them to the prison management organ at or above the provincial level for approval.
Article 18 When a prisoner is put into prison, his person and the articles he carries should be strictly examined. Non-necessities of life shall be kept by the prison or returned to the family members with the consent of the criminals, and contraband shall be confiscated.
Female prisoners are inspected by the female people's police.