(1) Report the case. As far as this case is concerned, we should report to the police station or 1 10, and the police station or criminal police team will handle it.
(2) filing a case for investigation. The first is to file a case for review to ensure that criminal cases are arrested. In case of emergency, you can first control the suspect and go through the detention procedures, and then review whether it is a criminal case. If it is a criminal case, it should be filed and applied to the public security organ at or above the county level for criminal detention of the controlled criminal suspect. If the suspect is at large, he can pursue and arrest online. Secondly, the term of criminal detention is generally 3 days, and major cases can be extended to 7 days. With the approval of the public security organs at or above the county level, the criminal detention can be extended to 30 days in cases of multiple persons, multiple persons and multiple persons.
(3) arrest. Third, the case was basically found out. If the confession of a criminal suspect is conclusive or not, but the evidence is conclusive, it shall be reported to the procuratorate at the same level for approval of arrest before the expiration of criminal detention. The longest time for the procuratorate to examine and approve the arrest shall not exceed 7 days. If insufficient evidence is found, it shall be returned to the public security organ for supplementary investigation, and compulsory measures such as residential surveillance shall be changed when the detention period of the criminal suspect expires. If the procuratorial organ considers that the evidence is conclusive after examination, it shall approve the arrest and the public security organ shall carry out the arrest. After the arrest, continue to investigate and improve, and transfer it to the public prosecution department of the procuratorate at the same level for prosecution according to law within two months. After the review by the public prosecution department, it will file a public prosecution with the court at the same level according to law.
(4) examining and prosecuting. When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time.
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 a case of private prosecution, inform the defendant that he has the right to entrust a defender.
Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody.
The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
(5) trial. After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.
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. At the trial, the defense lawyer defended the defendant.
When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.