Criminal cases begin with filing a case, and reporting only provides clues to the case. After receiving the report, the public security department believes that there is a criminal suspect after preliminary investigation, and it is necessary to file a case for investigation, collect evidence and arrest the suspect. During the period, compulsory measures against criminal suspects need to be approved by the procuratorate; After the public security investigation, the case needs to be transferred to the procuratorate for review and prosecution. At this time, you can ask a lawyer to intervene, understand the case and prepare a defense. After preliminary examination, the procuratorate believes that it constitutes a crime and brings a lawsuit to the court. The court will hold a hearing after filing the case. Generally speaking, it takes three months for the public security to handle a case, two months for the procuratorate to review and prosecute, and three months for the court to hear a case.
The general procedure for filing a criminal case is as follows:
1, put on record for investigation. When a public security organ finds a criminal act, it should put on record for investigation. When it receives a report, it needs to be examined. If it is found that it may constitute a crime after examination, it shall be put on file for investigation;
2. Review the prosecution. After the investigation stage, the case entered the stage of examination and prosecution. After investigation, the public security organ will transfer the case file to the procuratorate, which will examine the case and decide whether it is necessary to file a public prosecution with the people's court;
3. At the trial stage, according to regulations, the public security organs are responsible for the investigation, detention, execution and pre-trial of criminal cases, while the people's procuratorates are responsible for the investigation and prosecution of cases directly accepted by procuratorial organs, and the people's courts are responsible for the trial.
To sum up, criminal cases are generally reported to the procuratorate after investigation by the police and considered to meet the standards of criminal cases, and then submitted to the court for public prosecution after examination by the procuratorate. There are two kinds of criminal cases reported. One is that the police file a case, and the case prosecuted by the procuratorate is called public prosecution. There is also a kind of private prosecution, that is, if the private prosecutor is slightly injured (the standard of prosecution is slightly injured or above), he can directly sue the criminal to the court. It must be noted that no matter what degree of injury, its identification must come from an institution recognized by the court.
Legal basis:
Article 1 13 of the Criminal Procedure Law of People's Republic of China (PRC).
If the people's procuratorate thinks that the public security organ will not file a case for investigation, or the victim thinks that the public security organ will not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.