(1) Public security investigation stage: from the time a person is arrested to the time the case is transferred to the procuratorate, this stage is called "investigation stage" and generally lasts about three months. It mainly includes detention for more than one month and arrest for about two months. This stage is an investigation by the public security department to find out the ins and outs of the case and the basic facts. Lawyers are not allowed to see documents.
(2) The stage of examination and prosecution by the procuratorate: after the case is transferred from the public security organ to the prosecution department of the procuratorate, it enters the stage of examination and prosecution.
The main task in the stage of examination and prosecution is to examine whether the case files are sufficient and true and whether the evidence is conclusive. Whether to prosecute the suspect. This stage is usually one month to one and a half months in time. After receiving the case file sent by the public security organ, the procuratorate will examine whether the party concerned constitutes a crime. If the evidence is conclusive and the facts are clear, which constitutes a crime, it shall be transferred to the court for prosecution within 1 month. If supplementary investigation is needed, it shall be returned to the public security organ for supplementary investigation.
(III) Trial stage: After receiving the prosecution materials from the procuratorate, the court will file a case within 2-3 days, hold a court session within 1 month, and be sentenced to punishment or acquitted. When trying a case of public prosecution, the court shall pronounce a judgment within one month after accepting it, and no later than one and a half months.
legal ground
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. 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. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Article 85 of the Criminal Procedure Law of People's Republic of China (PRC), when a public security organ detains a person, it must produce a detention permit. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.