1, which, after investigation, is found to have criminal facts and needs to be investigated for criminal responsibility;
2. The case is under the jurisdiction of the public security organ;
3, approved by the person in charge of the public security organ at or above the county level.
After the criminal case is filed, the processing flow is as follows:
1, investigation. 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 legal advice, complaints and accusations on his behalf after the first interrogation by the investigation organ or the day when compulsory measures are taken;
2. Review the 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;
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. Criminal Procedure Law of the People's Republic of China
Article 109
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.