I. What is a criminal case
1. A criminal case refers to a case in which a criminal suspect or defendant is accused of violating social relations protected by criminal law, and the state conducts investigation, trial and criminal sanctions in order to investigate the criminal responsibility of the criminal suspect or defendant.
2. In criminal cases, national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.
The second is to increase the content of the system of confession and leniency in criminal cases and the procedure of quick adjudication.
1. The first chapter of the first part of the Criminal Procedure Law clarifies the principle of leniency in handling criminal cases according to law.
2. Improve the procedural provisions for pleading guilty and lenient punishment in criminal cases. Including the investigation organ informing the litigation rights and taking confessions; The people's procuratorate listens to opinions on the handling of cases at the stage of examination and prosecution. If a criminal suspect pleads guilty and admits punishment, he shall sign a confession statement. The people's procuratorate puts forward sentencing suggestions, and how the people's court adopts sentencing suggestions; The people's court examines the voluntariness of confession and repentance and the authenticity and legality of written statements. It also adds that if a criminal suspect pleads guilty and admits punishment, has made significant meritorious service or the case involves major national interests, he may not prosecute or dismiss the case with the approval of the Supreme People's Procuratorate.
3. Increase the fast cutting procedure. It is applicable to cases under the jurisdiction of the basic people's court that may be sentenced to fixed-term imprisonment of not more than three years, the defendant pleads guilty, and the civil compensation problem has been solved. It is stipulated that the summary procedure is not limited by the time limit for delivery stipulated in the Criminal Procedure Law, and no court investigation or court debate is conducted, but the defendant's final statement should be heard; It should be pronounced in court. At the same time, the time limit for handling cases and the program conversion that is not suitable for quick ruling are stipulated.
4. Strengthen the protection of the rights of the parties. Provisions are made on informing litigation rights, establishing a duty lawyer system, and making it clear that confession and punishment should be considered as a factor to judge social danger when compulsory measures are taken.
Three. Litigation principles of juvenile criminal cases
1. The policy of education, probation and salvation is to give priority to education, supplemented by punishment.
2. Protect the litigation rights of minors.
3. Notice of defense transfer
4. Comprehensive investigation
5. Use arrest measures with caution
6. Separate detention, management and education.
7. Right of legal representative to be present
8. Closed test
9. Criminal record sealing
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 43 Whoever beats another person or intentionally hurts his body shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan.