Article 175 of the Procedures for Handling Criminal Cases by Public Security Organs stipulates that after accepting a case, a public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
The case was sent back to the police station during the investigation stage. What happened? The reasons for returning a case are generally: insufficient evidence, unclear facts and the need to supplement reconnaissance information.
What procedure does the police station need to handle a case?
Receiving alarm-on-the-spot investigation-asking the information of the parties-filing a case-investigation-closing the case
How long is the time limit for the police station to file an investigation on the attempted case of * * *? Your question is not very clear. If it is the time limit for investigation and detention, it is stipulated by China's criminal procedure law.
sum up
Article 154 of the Criminal Procedure Law stipulates that the period of investigation and detention of a criminal suspect after arrest shall not exceed two months. If the criminal suspect has been detained before arrest, the detention period shall not be included in the investigation detention period. Under normal circumstances, the investigation organ shall end the investigation within the time limit for investigation and detention prescribed by law.
Special terms
The special detention period refers to the extension of the investigation detention period, but it must meet the legal conditions and fulfill the corresponding examination and approval procedures. The main situation is as follows:
1. According to Article 154 of the Criminal Procedure Law, if the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended by 1 month with the approval of the people's procuratorate at the next higher level.
2. According to the provisions of Article 155 of the Criminal Procedure Law, for special reasons, especially major and complicated cases, it is not suitable for a long time to be tried, and the Supreme People's Procuratorate shall report to the NPC Standing Committee to postpone the trial.
3. According to the provisions of Article 156 of the Criminal Procedure Law, if the investigation cannot be concluded at the expiration of the time limit stipulated in Article 154 of the Criminal Procedure Law, it may be extended for two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government: (1) Major and complicated cases in remote areas with very inconvenient traffic; (2) Major criminal group cases; (3) Major and complicated escape criminal cases; (4) Major and complicated cases involving a wide range and difficulties in obtaining evidence.
4. According to Article 157 of the Criminal Procedure Law, the suspect may be sentenced to more than 10 years in prison. If the investigation cannot be concluded after the extension period expires in accordance with the provisions of Article 156 of this Law, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government.
According to the provisions of Article 30 and Article 3 1 of the Regulations on Six Organs, if a public security organ requests to extend the detention period of a case, it shall submit it seven days before the expiration of the detention period, and submit the main facts of the case and the specific reasons for extending the detention period in writing. The people's procuratorate shall make a decision before the expiration of the detention period. The case directly put on file for investigation in the Supreme People's Procuratorate meets the conditions stipulated in Articles 154, 156 and 157 of the Criminal Procedure Law. If it is necessary to extend the detention period of a criminal suspect, it shall be decided by the Supreme People's Procuratorate according to law.
However, if it is the time limit for investigation, there is no provision in China's criminal procedure law. In fact, China is also a lifelong case investigation system. As long as a crime is found, it can be pursued all the time.
When will the cases accepted by the police station be basically handled? According to Article 47 of the Procedures for Handling Administrative Cases by Public Security Organs, public security organs shall promptly accept cases reported, accused, reported or surrendered by illegal suspects by the masses, as well as cases transferred by other administrative organs and judicial organs, make a registration form for accepting cases, and make the following treatments respectively:
(a) the matters within the jurisdiction of the unit shall be investigated and dealt with in a timely manner;
(two) within the scope of the public security organs, but not under the jurisdiction of the unit, it shall be transferred to the unit with jurisdiction within 24 hours after acceptance, and inform the informant, complainant, informant, abductor and surrender;
(3) Inform reporters, accusers, informers, trafficked persons and surrenders in writing about matters not within the scope of duties of public security organs to report or surrender to other relevant competent authorities.
When accepting a case, the public security organ shall make a receipt in duplicate, one for the informant, the complainant, the informant and the sender, and one for the attached volume.
According to Article 175 of the Procedures for Handling Criminal Cases by Public Security Organs, after accepting a case, if the public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, it shall file a case with the approval of the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
In the investigation stage, the criminal case was solved and closed. The police station must sign those materials, such as the parties' transcripts, the case acceptance registration form, the case receipt, the case approval form, the evidence list, some parties' materials in the case, and the closing registration form.
Does Qilian police station accept cases at night? Cases under their jurisdiction will be accepted day and night, working days and holidays.
The difference between police station filing investigation and assisting investigation refers to criminal cases that need to be investigated for criminal responsibility, while cases filed by judicial organs refer to follow-up investigation and assisting investigation, which means cooperation or assistance, and public security organs or procuratorial organs assist in case investigation.
What materials should lawyers provide to the police station during the investigation stage? Whether hiring a lawyer in the investigation stage needs approval depends on whether the case itself involves state secrets. Cases involving state secrets require approval before lawyers can be hired, and cases not involving state secrets do not need approval.
In addition, lawyers in the investigation stage are not called "defenders", but only provide legal aid. They are called "defenders" in the stages of review, prosecution and trial.
The case entered the investigation stage of the procuratorate. How does the case develop to the investigation stage of the procuratorate? What kind of case is it?
Duty crimes are investigated by the self-investigation department of the procuratorate (anti-corruption bureau or anti-blasphemy bureau), and general criminal cases are examined and prosecuted by the procuratorate. Are you talking about the stage of examination and prosecution?
Article 169 of the Criminal Procedure Law stipulates that the people's procuratorate shall make a decision within 1 month on the case transferred by the public security organ, and the major and complicated case may be extended by half a month.
To conduct a comprehensive review of the cases transferred for review and make a decision on whether to prosecute or not to prosecute according to law;
Supervise the investigation activities of the investigation organs and correct the illegal situation;
Examining complaints from victims and criminal suspects;
If the public security organ considers that the decision not to prosecute is wrong and requests reconsideration or review, it shall conduct reconsideration and review.
Either bring a public prosecution to the court or make a decision not to prosecute.