2. Investigation. Investigation has two purposes. One is to find the criminal, and the other is to collect evidence that can prove the facts of the case.
3. Review and prosecution. After the procuratorate receives the case transferred from the investigative agency, the case enters the review and prosecution stage.
4. During the trial stage, after the court receives the case transferred by the procuratorate and reviews it, it will generally hold a public hearing except for cases involving state secrets or personal privacy.
5. Execution, execution refers to the activities carried out by criminal execution agencies to implement the contents determined by legally effective judgments and rulings. In our country, the main subjects of criminal execution are the people's courts, public security organs and prisons.
Police station criminal case handling process:
1. Investigation stage:
Public security organs can criminally detain current criminals or major suspects. Detainees must be questioned within 24 hours of detention. After the criminal suspect is interrogated for the first time by the investigative agency or from the date when compulsory measures are taken, a criminal suspect may hire a lawyer to provide him with legal advice, appeals and accusations. The entrusted lawyer has the right to learn from the investigation agency about the charges against the criminal suspect, meet with the criminal suspect in custody, and learn from the criminal suspect about the relevant situation.
2. Review and prosecution stage:
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.
3. Trial stage:
After the people's court reviews the case for public prosecution, if the criminal facts alleged in the indictment are clear and accompanied by the evidence catalog, witness list and main evidence copies or photos of the evidence, a decision should be made to hold a court hearing. Except for cases involving state secrets or personal privacy, the people's courts hear first-instance cases in public.
Since the People's Court accepted the case, the defense lawyer can review, excerpt, and copy the materials charging the criminal facts in the case, and can meet and communicate with the defendant in custody. At trial, the defense attorney defends the defendant.
When a people's court hears a public prosecution case, it shall pronounce a judgment within one month after accepting the case, and no more than one and a half months at the latest. If one of the circumstances stipulated in Article 163 of the Criminal Procedure Law occurs, it may be extended for another month with the approval or decision of the Higher People's Court of the province, autonomous region or municipality directly under the Central Government.
After trial, the People's Court made the following judgments based on the ascertained facts, evidence and relevant legal provisions:
(1) The facts of the case are clear, the evidence is reliable and sufficient, and the case is in accordance with the law. If the defendant is found guilty, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a not guilty verdict shall be made.
Who will mediate minor injuries?
For the injured and the victim, minor injuries can be mediated by the injured and the victim. Mediation is to compensate the victim for his losses. If the injured party reaches an agreement on compensation and the injured party obtains the victim's understanding, the judicial authority may give the injured party a lighter punishment, reduce the punishment, or exempt him from criminal punishment. However, mediation does not mean withdrawal of the lawsuit. Mediation is what the judge considers when sentencing at trial. All the victim can do is express understanding to the injured person and ask for a lighter punishment for the injured person.
Legal Basis
Criminal Law of the People's Republic of China
Article 234 Whoever intentionally harms the body of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance. . Anyone who commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; whoever causes death or severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. If this law provides otherwise, such provisions shall prevail.