According to the provisions of the Criminal Procedure Law of People's Republic of China (PRC), the specific processing flow of criminal cases is:
The first stage: report the case. After the occurrence of a criminal case, if the victim or a third party reports the case, the pre-procedure of the criminal case is equivalent to starting.
The second stage: the initial investigation of public security. After the public security organ accepts the report, the victim and the lawyer shall cooperate with the public security organ to carry out a preliminary investigation, and after finding out the facts of the key case, determine whether there are basic criminal facts in this case, so as to decide whether to file a case.
The third stage: filing a case, and the case enters the investigation stage. After accepting a case, the public security organ shall, after examination, consider that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level.
The fourth stage: take compulsory measures. After the public security organ formally files a case, the public security organ may seal up and freeze the relevant money and goods involved and stolen goods; Secondly, the public security organs can also take compulsory measures (criminal detention, etc. ) for the people involved.
The fifth stage: after the investigation, the public security organ submits the prosecution opinion, and the case enters the stage of examination and prosecution. At this time, the procuratorate should inform the lawyer that he can read the papers, and the lawyer can draw more comprehensive defense opinions and submit them to the procuratorate on the basis of reading the papers and meeting the parties.
The sixth stage: the stage of examination and prosecution. After examining and prosecuting, the procuratorial organ may go beyond the decision to prosecute or not to prosecute. The procuratorate comprehensively verified all the evidence materials collected by the investigation organ and decided to transfer the prosecution to the people's court for public prosecution.
The seventh stage: the procuratorate filed a public prosecution and entered the trial stage. During the trial, the court presided over the trial, and the procuratorate appeared as the prosecution and the lawyer as the defense, and participated in the court investigation, evidence cross-examination and court debate. Finally, the court listened to the opinions of both the prosecution and the defense, and made a guilty or innocent judgment on the defendant according to the facts, evidence and relevant laws and regulations.
legal ground
Article 109 of the Criminal Procedure Law of People's Republic of China (PRC), when a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.