Ordinary criminal cases generally go through three procedures, that is, the investigation stage (the corresponding handling department is generally the public security organ, and a few other crimes such as corruption and bribery, endangering national security and other special jurisdiction are beyond the scope of this article), the examination and prosecution stage (the corresponding handling department is the procuratorate) and the trial stage (the corresponding handling department is the court). The specific time and process of each stage are as follows:
It should be noted that the investigation, review and prosecution stage does not include cases with recalculated time limit (such as cases where the public security organ finds that the suspect has committed other important crimes and the procuratorate changes its jurisdiction) and cases that are not included in the time limit for handling cases (such as psychiatric appraisal). The trial stage of the court does not include the extension of the trial period approved by the Supreme People's Court and the statutory extension, suspension of the trial, change of jurisdiction and change of compulsory measures at various stages. In case of the above special circumstances, the time will be further extended.
Second, is criminal detention necessarily a crime? Will you be sentenced?
According to Article 12 of the Criminal Procedure Law, no one shall be found guilty without a judgment by the people's court according to law. In other words, a person's guilt can only be determined through court trial and legal judgment. In addition, no other organ has the right to decide whether a person is guilty, and before that, only suspected of committing a crime. This can also be seen from the notice of criminal detention received by family members, which is generally expressed as "suspected".
Third, the golden "rescue" period of criminal cases.
Mainly refers to the best time limit for bail pending trial and lawyers to intervene in cases. Criminal suspects have the highest success rate of getting bail pending trial before being arrested. The specific nodes are as follows:
1. Under normal circumstances, the public security organ will report to the procuratorate for examination and arrest within 7 days of criminal detention. If the procuratorate approves the arrest, the detention period will be extended. If it is not approved, it will be released on bail pending trial. The review period of the procuratorate is 7 days, totaling 14 days. That is, "gold 14 days".
2. Special cases refer to cases of escaping crimes, committing crimes many times and committing crimes by gangs. The public security organs will extend criminal detention to 30 days for these three types of cases, and generally submit them to the procuratorate for review and arrest within 30 days of criminal detention. If the procuratorate approves the arrest, the detention period will be extended. If it is not approved, it will be released on bail pending trial. The review period of the procuratorate is 7 days, totaling 37 days. Which is "37 Days of Gold".
3. Once the criminal suspect is arrested, the success rate of bail pending trial will be greatly reduced, and the possibility of the criminal suspect being convicted and punished will be greatly increased.
4. Whether the arrest is approved or not, the case will continue to be investigated by the public security organs as a whole, and it is still in the investigation stage.
5. At this stage, the lawyer's intervention, because the case is still in the process of investigation and has not yet been characterized, can greatly affect the case characterization through the lawyer's work, thus changing the follow-up trend of the case and preparing for the best result of the follow-up case in advance.
Fourth, will it be okay to be released on bail pending trial?
According to the provisions of the Criminal Procedure Law, bail pending trial is actually one of the compulsory measures, but it is a relatively light compulsory measure that does not need to be detained in a detention center and still needs to be subject to many restrictions. In other words, it just changed the way the suspect was detained and released from the detention center temporarily, but the case did not end, which does not mean that he can sit back and relax, because he may be taken into custody at any time. Judging from the cases handled by the author, there are many such cases. Of course, on the whole, once the suspect is released on bail pending trial, the possibility of subsequent cases being lightened, mitigated or even rejected, not prosecuted or suspended will greatly increase.
5. What is the final result of the criminal case?
1. Evidence of the case. According to the provisions of Article 50 of the Criminal Procedure Law, it includes: physical evidence; Written evidence; Witness testimony; The victim's statement; Confessions and excuses of criminal suspects and defendants; Appraisal opinions; Records of inquests, inspections, appraisals and investigations; Audio-visual materials, electronic data, etc.
2. Legal provisions.
3. Effective defense of lawyers.
4. Personal factors of criminal suspects, defendants themselves and their families.
5. The victim's factor.
6. The factors of the handling organ and the specific undertaker.
7. The latest policy and political factors.
8. Public opinion factors.
9. The nature and influence of the case itself.
Six, the role of lawyers in criminal cases.
1. Meet the criminal suspect/defendant, convey the condolences of family members, and give the criminal suspect/defendant the greatest spiritual and legal support.
2. Provide legal advice to criminal suspects/defendants and their families in time, inform them of their rights, and avoid the criminal suspects/defendants being induced or misled by the case-handling organs.
3. Apply for bail pending trial for the criminal suspect/defendant.
4. Complaints and appeals against the illegal handling of cases by the case-handling organs.
5. Collect the evidence that the criminal suspect/defendant in this case is innocent, the crime is light, and the punishment is mitigated or exempted.
6. Consult, extract and copy the files.
7. Participate in the trial and defend, and safeguard the legitimate rights and interests of criminal suspects/defendants.
8. Safeguard all the legitimate rights and interests of criminal suspects/defendants at all stages of criminal cases, actively communicate with case-handling organs and personnel, and strive for all or part of the legitimate rights and interests of criminal suspects/defendants.
9. Provide full-process defense plan for criminal suspects/defendants and their families, and strive for leniency for criminal suspects/defendants.
7. Why can't lawyers promise results in criminal cases?
1. According to the law, lawyers in criminal cases cannot promise results. Once promised, it is suspected of breaking the law. The author would like to remind everyone that any lawyer, expert and other people who promise the outcome of criminal cases and ensure that 100% is free from problems should be treated with caution. Even if such a person dares to promise, it is absolutely only a verbal promise and basically a liar.
2. objective factors are not allowed, and there are too many uncontrollable factors. See Article 5 for details.
8. Does the relationship play a big role in criminal cases?
Undeniably, it has a certain function, which can accommodate people's feelings within the scope permitted by law, unblock the channels to reflect problems or attract some attention. But it is not the decisive factor. For a case, evidence, facts and laws are decisive factors. There will never be a situation where black and white are reversed and right and wrong are confused because of the relationship. There is a simple reason. Nowadays, the public security organs are comprehensively promoting the reform of "judicial responsibility system". If a case is wrong, you must be held accountable for life. No one will risk his life for a case. With the deepening of anti-corruption and the continuous strengthening of a series of system construction of "restricting power", the role of relations has declined. As far as the criminal cases undertaken by the author are concerned, there is no extra so-called "relationship", and they all communicate with the public security organs normally, but the cases are basically handled satisfactorily within the legal framework. It can be said that problems that can't be solved by normal communication can't be solved by finding a relationship.
9. In criminal cases, can family members see the suspect/defendant?
It is generally invisible before the judgment takes effect. Of course, if the suspect/defendant is released on bail or under residential surveillance, he can go home to see his family.
X. What can the family members do after the parties are detained in criminal detention?
1. Ask the case-handling organ for a notice of criminal detention, and you can get a preliminary understanding of why the parties were detained, when they were detained, and which detention center they were held in.
2. You can go to the detention center and send appropriate money and goods to the parties according to the situation. Generally, the monthly deposit can range from several hundred yuan to one thousand yuan. Clothes should be single-layered as far as possible, without interlayer, and medicines should be kept unopened as far as possible.
3. You can entrust a defense lawyer to attend the meeting to understand the situation and provide legal advice to the parties in time. You can also entrust a lawyer to convey information permitted by law, such as some matters in life and work. Not only should the parties in the detention center know the law in detail, but the family members themselves should also know the legal provisions and actual operations in detail. Criminal defense is a coordinated war and a comprehensive strategy and work. Only by integrating all favorable factors can we finally help the parties to achieve good results.
4. Take care of yourself and your family and keep your mood stable-this is very important. The author has seen and met many families who are not calm or even out of control after being detained in criminal detention. The disorder of going to the hospital will eventually harm yourself and the parties in the detention center. If you entrust a lawyer, please fully trust and cooperate with the lawyer.