The public security organ is responsible for filing a case for investigation, not for examination and prosecution. According to Article 145 of the Criminal Procedure Law, if a case with a victim decides not to prosecute, the people's procuratorate shall serve the decision of not to prosecute on the victim. If the victim refuses to accept the decision, he may appeal to the people's procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. The people's procuratorate shall inform the victim of the reexamination decision. If the people's procuratorate upholds the decision not to prosecute, the victim may bring a lawsuit to the people's court. The victim may also bring a suit directly to the people's court without appealing.
Therefore, only when the people's procuratorate decides not to prosecute can the victim sue in the people's court.
2. no.
A person who may be sentenced to death belongs to one of the circumstances in which the court should appoint a defender. According to Articles 36 and 38 of the Interpretation of the Supreme Law, if a defender appointed by the people's court is refused to defend him, the court shall allow it if there are justified reasons, but if the defendant needs to entrust another defender, or the court will appoint another defender.
And those who have "should be specified" can only be rejected once.
3. No rights.
At present, there is no relevant provision about lawyer's right to be present in the investigation procedure in our country, that is, the defense lawyer has no right to be present when investigators carry out various investigation activities.
4. The concept of non-prosecution: refers to a lawsuit that the procuratorial organ decides not to submit to the court for trial according to law after reviewing the cases transferred by the public security organs and the cases terminated by its own investigation.
Types of non-prosecution: statutory non-prosecution (absolute non-prosecution), discretionary non-prosecution (relative non-prosecution), and non-prosecution in doubt (non-prosecution due to insufficient evidence)
Conditions for non-prosecution: cases that conform to Article 15 of the Criminal Procedure Law, the procuratorial organ considers that the criminal suspect's crime is minor, and there is no need to be sentenced or exempted from punishment according to the provisions of the Criminal Law. After two supplementary investigations, the facts are still unclear or the evidence is insufficient.
Non-prosecution procedure: make a decision not to prosecute-make an announcement and serve the decision not to prosecute-lift the seizure and freeze-transfer it to the relevant competent authorities for handling-review and review the opinions of the public security organs-review the complaints of victims-review the complaints of non-prosecutors.
Relief procedure: Article 144 of the Criminal Procedure Law: If the people's procuratorate decides not to prosecute the case transferred by the public security organ, it shall serve the decision of non-prosecution on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it can be submitted to the people's procuratorate at the next higher level for review.
Article 145 of the Criminal Procedure Law: If a case involving a victim decides not to prosecute, the people's procuratorate shall serve the decision of not to prosecute on the victim. If the victim refuses to accept the decision, he may appeal to the people's procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. The people's procuratorate shall inform the victim of the reexamination decision. If the people's procuratorate upholds the decision not to prosecute, the victim may bring a lawsuit to the people's court. The victim may also bring a suit directly to the people's court without appealing. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court.
5. If the people's court applies summary procedure to hear a public prosecution case and finds any of the following circumstances, it shall convert the summary procedure into ordinary procedure for retrial:
(a) the defendant's behavior does not constitute a crime;
(2) The defendant has been sentenced to fixed-term imprisonment of more than three years;
(3) The defendant denied the criminal facts alleged in the indictment in court;
(4) The facts are unclear or the evidence is insufficient;
(five) other circumstances that are not suitable for summary trial.
6. (Is it "after review"? )
After examining a case of private prosecution, the people's court shall handle it separately according to the following circumstances:
(1) A case with clear criminal facts and sufficient evidence shall be heard in court;
(2) In a case of private prosecution lacking criminal evidence, if the private prosecutor cannot provide supplementary evidence, he shall persuade the private prosecutor to withdraw the private prosecution or make a ruling to dismiss it. In addition, according to the interpretation of the Supreme Law, after examination, the people's court should also persuade the private prosecutor to withdraw the prosecution or decide to dismiss the prosecution: if it does not conform to the provisions of the Criminal Procedure Law and relevant judicial interpretations, the people's court will accept the case of private prosecution; Insufficient evidence; The crime has passed the limitation period for prosecution; The defendant died; The defendant's whereabouts are unknown; Unless the case is withdrawn due to insufficient evidence, the private prosecutor tells the same fact after withdrawing the case; After the people's court closed the case through mediation, the private prosecutor repented and told the same fact again.