After the police file a case, they will conduct investigation activities. The investigation activities include two parts:
First, investigate and collect evidence.
2. Take compulsory measures, such as detention and arrest, against active criminals or criminal suspects.
The first part, investigation and evidence collection. The specific contents of investigation and evidence collection include questioning criminal suspects, witnesses and victims; Conduct an investigation, search, etc. At the scene.
The second part, take compulsory measures. While investigating and collecting evidence, the investigation organ will take corresponding compulsory measures against the criminal suspect according to the specific circumstances, including bail pending trial, residential surveillance, detention and arrest.
After investigation, the case-handling organ believes that the facts of the case have been ascertained and the evidence is sufficient to determine whether the suspect committed a crime, and will decide to terminate the investigation and transfer the case to the procuratorate. If it is found in the investigation that the criminal suspect's behavior does not constitute a crime or there are other circumstances that should not be investigated for criminal responsibility according to law, the public security organ will make a decision to dismiss the case.
What is the time limit for reviewing the prosecution?
After the investigation stage, the case entered the stage of examination and prosecution. After investigation, the public security organ extracts, fixes and files all the evidence materials of the case, and then transfers the case file to the procuratorate, which will examine the case and decide whether it is necessary to bring a public prosecution to the people's court.
This stage is a very important stage in the whole criminal case flow, and its importance may even exceed the trial.
In the stage of examination and prosecution, defenders can consult the whole case file, among which the most important file is the prosecution opinion of the public security organ, which can fully display the investigation ideas and case facts of the public security organ. Defenders can check whether the evidence of the case is true, effective and sufficient to prove the facts of the case, and design defense ideas according to the evidence of the case.
Therefore, the time limit for examination and prosecution is one month, and it can be extended for half a month under special circumstances. Moreover, when the procuratorate thinks that the evidence of the case is not sufficient, it can return the case to the public security organ for supplementary investigation. The supplementary investigation time is one month at a time, and the investigation can be returned twice at most.
The process of handling criminal cases is that the public security organs first file a case for investigation, and then hand over the investigation results to the procuratorate to decide whether to prosecute. After the lawsuit is filed, the case will be tried in court and finally decided.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 110 of the Criminal Procedure Law stipulates that any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports.