First, accept the case.
The public security organ shall make a registration form for accepting criminal cases after accepting and inquiring about the situation of citizens' seizure, accusation, accusation or surrender of criminal suspects. If, after examination, it is not serious enough for criminal punishment and needs administrative treatment, it shall be dealt with according to law, and criminal responsibility shall be investigated, and a criminal case report shall be made to the personnel under its jurisdiction.
Second, solve the case.
To solve the case, you must meet the following conditions:
1, the criminal facts have been proved by evidence;
2. There is evidence to prove that the criminal facts are committed by criminal suspects;
3. The criminal suspect or the main criminal suspect has been brought to justice. For cases that meet the conditions for solving crimes, the case-handling department shall make a report on solving crimes.
After investigation, if any of the following circumstances is found, the prosecution shall be dismissed:
1, no criminal facts;
2, the circumstances are obviously minor, the harm is not great, and it is not considered a crime;
3, the crime has passed the limitation period;
4. Exemption from punishment through Amnesty;
5. The criminal suspect dies;
6. Others shall not be investigated for criminal responsibility according to law. For cases that need to be revoked, the case-handling department shall simultaneously make a "Request for Revocation" and a notice of revocation.
Third, take coercive measures.
1. Forced summons shall not exceed 12 hours, and criminal suspects shall not be detained in disguised form by continuous summons.
2. The maximum period of bail pending trial shall not exceed 12 months.
3, residential surveillance shall not exceed 6 months.
4. Detention: When a public security organ detains a person, it must produce a detention permit, conduct an interrogation within 24 hours, and notify his family or unit. If it is considered necessary to arrest after detention, it shall be reported to the people's procuratorate for examination and approval within three days after detention, and it may be extended for one day to April under special circumstances. The application for examination and approval can be extended to 30 days for major suspects who commit crimes on the run, repeatedly commit crimes or commit crimes in partnership.
5. Arrest: When the public security organ arrests a person, it must produce an arrest warrant. The trial must be held within 24 hours after the arrest, and his family or his unit must be informed. The detention period of a criminal suspect after being arrested shall not exceed two months. If the case is complicated and the detention period cannot be terminated at the expiration, it may be extended for one month with the approval of the people's procuratorate at the next higher level; Particularly serious and complicated cases may be extended for two months with the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government. If the investigation cannot be concluded at the expiration of the extension period, 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. If the suspect is found to have committed other important criminal acts during the investigation, the period of investigation and detention shall be recalculated from the date of discovery. If the criminal suspect does not give his real name and address, and his identity is unknown, the time limit for investigation and detention shall be counted from the date when his identity is ascertained.
According to the provisions of the Criminal Procedure Law, general criminal cases generally go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court).
1, survey:
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. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect.
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. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. If the suspect is arrested, the lawyer hired can apply for bail pending trial.
The public security organ shall not detain a criminal suspect for more than two months after his arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
2. Review and prosecution:
The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. 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. Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
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 and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
3. Trial:
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant.
When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. "(1) A major and complicated case in a remote area with very inconvenient traffic falls into one of the circumstances stipulated in Article 126 of the Criminal Procedure Law; (2) Major criminal group cases; (3) Major and complicated cases of escaping crime; (4) Major and complicated cases involving a wide range and difficulties in obtaining evidence. " With the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government, it may be extended for another month.