There is a process for handling cases. The police deal with many cases every day. As for when and what measures the police will take, it must be decided according to the police's case handling procedures. After all, the law stipulates the investigation time limit. If the police exceed the prescribed investigation time limit, they can report it to the procuratorate.
2. The public security organs may criminally detain current offenders or major suspects. Detainees should be questioned within 24 hours of detention. After the first interrogation by the investigative agency or from the date when compulsory measures are taken, the criminal suspect may hire a lawyer to provide him with legal advice and represent him in appeals and accusations. Retained lawyers have the right to learn from the investigation agencies about the crimes suspected of criminal suspects, and can meet with criminal suspects in custody to learn about the relevant cases from criminal suspects.
3. If the public security organ deems it necessary to arrest the detainee, it shall submit the matter to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the time for submission for review and approval may be extended by 1 to 4 days. For major suspects who commit crimes on the run, are repeat offenders, or commit crimes in groups, the time limit for requesting review and approval for arrest can be extended to 30 days. The People's Procuratorate shall make a decision on approving or disapproving the arrest within seven days from the date of receipt of the request from the public security organ to approve the arrest.
4. If the People’s Procuratorate does not approve the arrest, the public security organ shall release the person immediately after receiving the notice and promptly notify the People’s Procuratorate of the execution status. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law. After a criminal suspect is arrested, he can hire a lawyer to apply for bail pending trial.
5. The period of investigation and detention by the public security organs after arresting a criminal suspect shall not exceed two months. If the case is complex and the investigation cannot be concluded upon expiration of the time limit, it may be extended by one month with the approval of the People's Procuratorate at the next higher level.
6. For cases where the investigation has been completed, the public security organs should ensure that the criminal facts are clear, the evidence is reliable and sufficient, and a prosecution opinion should be written, together with the case file materials and evidence, and sent to the People's Procuratorate at the same level. Review decision.
Extended information:
Article 1 is to ensure the implementation of the "Criminal Procedure Law of the People's Republic of China" and to ensure that the public security organs are correct in criminal proceedings. These regulations are formulated to implement the Criminal Procedure Law of the People's Republic of China, ensure that public security organs correctly perform their duties in criminal proceedings, standardize case handling procedures, ensure the quality of case handling, and improve case handling efficiency.
Secondly, the tasks of the public security organs in criminal proceedings are to ensure accurate and timely identification of criminal facts, correct application of the law, punishment of criminals, ensuring that innocent people are not subject to criminal prosecution, and educating citizens to consciously abide by the law. Actively fight against illegal and criminal activities, safeguard the socialist legal system, respect and protect human rights, and protect citizens' personal rights, property rights, democratic rights and other rights.
Article 3 The basic functions and powers of the public security organs in criminal proceedings are to file, investigate, and pre-trial criminal cases in accordance with the law; to decide and implement compulsory measures; if there is no need to pursue criminal liability according to the law, the investigation has been completed The case shall be dismissed; cases that require public prosecution after the investigation is completed shall be reviewed and decided by the People's Procuratorate; if criminal suspects who are not worthy of criminal punishment need to be dealt with administratively or transferred to relevant departments for processing, they shall be handled in accordance with the law or transferred to relevant departments for processing. Handle it in accordance with the law or transfer it to relevant departments for handling.
4. Article 4 When handling criminal litigation cases, public security organs must rely on the masses, base on facts, and use the law as the criterion. All citizens are equal in the application of the law and no privileges are allowed before the law.
V. Article 5 When conducting criminal proceedings, the public security organs must divide responsibilities with the people's courts and people's procuratorates, cooperate with each other, and restrict each other to ensure the accurate and effective implementation of the law.
6. Article 6 Public security organs conduct criminal proceedings in accordance with the law and accept the legal supervision of the People's Procuratorate.
Seven? Article 7?
1. When conducting criminal proceedings, public security organs shall establish, improve and strictly implement internal law enforcement supervision systems such as a case handling responsibility system and a law enforcement fault accountability system.
2. In criminal proceedings, if the higher-level public security agency discovers that there are errors in the decisions made by the lower-level public security agencies or in the cases handled, it has the right to revoke or change them, or instruct the lower-level public security agencies to make corrections.
3. The lower-level public security organs must implement the decision of the higher-level public security organ. If they think there is an error, they can report it to the higher-level public security organ while implementing it.
Baidu Encyclopedia-Procedural Provisions for Public Security Organs in Handling Criminal Cases