According to the provisions of the Criminal Procedure Law, general criminal cases go through these stages, namely the investigation stage (public security organs), the review and prosecution stage (People's Procuratorate) and the trial stage (People's Court).
Investigation stage:
(1) The public security organ investigates the criminal case that has been filed, and collects and obtains evidence that the criminal suspect is guilty or innocent, and that the crime is minor or serious. . Current criminals or major suspects may be detained in advance in accordance with the law, and criminal suspects who meet the arrest conditions shall be arrested in accordance with the law.
(2) A criminal suspect may hire a lawyer to represent him in appeals and accusations after being interrogated for the first time by the investigative agency or from the date when compulsory measures are taken. The entrusted lawyer has the right to learn from the investigation agency about the crimes the criminal suspect has been charged with, and can meet with the criminal suspect in custody to learn about the relevant situation from the criminal suspect.
(3) If the public security organ considers that a detained person needs to be arrested, it shall submit it to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the approval time may be extended by one to four days. For major suspects who commit crimes on the fly, commit crimes multiple times, or conspire to commit crimes, the time for review and approval can be extended to 30 days.
(4) After investigation, the public security organs conduct preliminary trials on cases where there is evidence to prove the facts of the crime, and verify the evidence materials collected and retrieved.
(5) After receiving the arrest approval letter from the public security organ, the People’s Procuratorate shall make a decision to approve or disapprove the arrest within seven days. If the People's Procuratorate does not approve the arrest, the public security organ shall release the person immediately upon receiving the notice and promptly notify the People's Procuratorate for execution.
(6) When investigating a closed case, the public security organ shall ensure that the criminal facts are clear and the evidence is reliable and sufficient, write a prosecution opinion, and transfer it together with the case file materials and evidence to the People's Procuratorate at the same level for review and decision.
2. Review and prosecution stage:
(1) When reviewing a case, the People's Procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. From the date the case is transferred for review and prosecution, the criminal suspect has the right to entrust a defender. The defendant in a private prosecution case has the right to entrust a defender at any time.
(2) The People’s Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. Within three days from the date of accepting a private prosecution case, the people's court shall inform the defendant of the right to entrust a defender.
3. Trial stage:
(1) The case for public prosecution has been reviewed, and the indictment contains clear alleged criminal facts, and is accompanied by an evidence catalog, a witness list and main evidence. If a copy or photo of the case is found, a decision shall be made to open a court hearing. Except for cases involving state secrets or personal privacy, the people's courts hear first-instance cases in public.
(2) From the date the People's Court accepts the case, teachers can review, excerpt, and copy materials on the criminal facts alleged in this case, and can meet and communicate with the defendant in custody. At trial, the defense attorney defends the defendant.
Extended data:
Criminal cases refer to cases where criminal suspects or defendants are accused of violating social relations protected by criminal law, and are investigated, tried and given criminal sanctions (such as fines) by the state. , fixed-term imprisonment, death penalty, deprivation of political rights, etc.) cases. ) to hold criminal suspects or defendants accountable.
Reference: Baidu Encyclopedia-Criminal Procedure Law of the People's Republic of China