1. What are the types of cases?
1, criminal case. Cases filed by judicial organs to investigate criminal responsibility. In China, according to the provisions of the Criminal Procedure Law, the public security organs are responsible for the investigation, detention and pre-trial of criminal cases; The people's procuratorate is responsible for approving arrest, prosecution and public prosecution; The people's court is responsible for the trial.
2. Civil cases. Refers to the disputes between civil subjects with equal legal status, and the parties can't solve them through consultation, but resort to judicial organs, requesting that the judicial organs accept and clearly define the relevant civil rights and obligations, mainly referring to cases related to property rights and interests, such as contract disputes, property rights disputes and disputes arising from infringement, such as beating others and causing minor injuries (serious injuries will become criminal cases), including marriage and family-related cases.
3. Administrative cases. It refers to an administrative dispute case in which a citizen, a legal person or any other organization thinks that the administrative act of a state administrative organ is illegal or improper, and infringes upon their legitimate rights and interests, and brings a lawsuit to the people's court in accordance with the procedures stipulated in the Administrative Procedure Law.
4. Economic cases. Refers to the economic losses and mental losses suffered by citizens and legal persons due to profit-making institutions recognized by the state, as well as improper illegal operation, commercial fraud and commercial espionage. According to the relevant sections of the economic law, local local courts and people's courts can handle it.
Second, the general handling process of criminal cases
The process of handling criminal cases mainly includes three stages: investigation, prosecution and trial. Details are as follows:
Investigation stage
1, detention
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention.
A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken.
Step 2 arrest
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention.
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence.
Review and prosecution stage
1. From the date when the case is transferred for review and prosecution, the criminal suspect has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender.
2. 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 on prosecution and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
Trial stage
After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing.
III. Limitation period of criminal cases
The limitation of prosecution is to stipulate the limitation of prosecution with different lengths according to the severity of legal punishment for various crimes:
1. If the statutory maximum penalty is less than five years' imprisonment, the limitation period for prosecution shall be five years;
2. If the statutory maximum penalty is more than 5 years but less than 10 year, the limitation period for prosecution is 10 year;
3. If the statutory maximum penalty is fixed-term imprisonment of 10 years or more, the limitation period for prosecution is 15 years;
4. If the statutory maximum punishment is life imprisonment or death penalty, the limitation period for prosecution shall be twenty years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.