1, the investigation organ accepts the report of the informant or the accuser, or the investigation organ finds the criminal clue by itself and files a case for investigation.
2. After the investigation, the investigation organ considers that the suspect is suspected of committing a crime and brings a public prosecution to the people's procuratorate. After examining the cases transferred by the investigation organ, the procuratorial organ shall initiate a public prosecution in the people's court in cases with sufficient evidence.
3. The people's court accepts the case prosecuted by the procuratorate, organizes the prosecution and the defense to cross-examine and debate the evidence, listens to the defendant's statement, and makes a guilty or innocent judgment based on the evidence of the whole case.
Time: The people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month, and the major and complicated case may be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.
Legal basis: Article 109 of the Criminal Procedure Law of People's Republic of China (PRC).
When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 172
The people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month, and the major and complicated cases may be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
Article 176
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, file a public prosecution with the people's court in accordance with the provisions of jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.