I. Arrest and preliminary examination
When a suspect is arrested, the arresting authority will first conduct a preliminary examination. This link mainly includes verifying the identity of the suspect, understanding the basic case and collecting preliminary evidence. In this process, investigators must strictly abide by legal procedures to ensure that the legitimate rights and interests of criminal suspects are not infringed.
Second, put on record for investigation.
After preliminary examination, it is considered necessary to conduct an in-depth investigation of the case, and the case-handling organ will file a case for investigation according to law. In the investigation stage, the case-handling personnel will carry out on-site investigation, ask witnesses and obtain relevant evidence to further ascertain the facts of the case. At the same time, the case-handling organ will also take necessary compulsory measures such as detention and arrest of the criminal suspect to ensure the smooth progress of the case.
Third, interrogation and evidence collection.
In the process of investigation, investigators will interrogate the suspect to understand his understanding and attitude towards the case. During the trial, legal procedures must be followed to ensure that the suspect's confession is true and legal. At the same time, investigators will actively collect all kinds of evidence related to the case, including physical evidence, documentary evidence and witness testimony. , forming a complete chain of evidence.
Four. Transfer for review and prosecution
After the investigation is basically completed, the case-handling organ will transfer the case to the procuratorate for review and prosecution. The procuratorial organ will conduct a comprehensive review of the case, evaluate whether the evidence is sufficient and conclusive, and decide whether to prosecute the suspect. If the evidence is insufficient or there are other problems, the procuratorial organ may request the case-handling organ to make supplementary investigations or make other treatments.
Verb (abbreviation for verb) sue and judge
After the procuratorial organ decides to initiate a public prosecution, the case will enter the trial stage. During the trial, the court will organize a trial, listen to the opinions and evidence of both the prosecution and the defense, and try the case. After the trial, the court will make a judgment according to law, and convict and sentence the suspect or make other treatments.
To sum up:
The process of handling the case after the suspect is arrested is a complicated process, involving many links and departments. From arrest, investigation, trial, evidence collection to transfer, review, prosecution and trial, case handlers need to strictly abide by legal procedures at every stage to ensure the fairness, justice and legality of the case. At the same time, it also reflects the continuous progress and improvement of the rule of law in China.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 82 provides that:
The public security organ may detain an active criminal or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Criminal Procedure Law of the People's Republic of China
Article 162 stipulates:
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.