1. Public security organs put on record for investigation. After a criminal suspect is detained or arrested by a public security organ, he shall interrogate the detainee within 24 hours after detention. 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.
2. The procuratorate examines and prosecutes.
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. 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. The stage of review and prosecution is generally one month.
3. Court 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. The procuratorate brings a public prosecution to the court, and the trial stage of the court is generally two months.
Legal basis:
"Public security organs to handle criminal cases procedures" 166th
The public security organ shall immediately accept the citizen's abduction, report, complaint, report or the criminal suspect's voluntary surrender, ask about the situation and make a record. After verification, the abductor, informant, accuser, prosecutor and surrenderer shall sign and press their fingerprints.
When necessary, audio or video recordings shall be made.
"Public security organs to handle criminal cases procedures" 175th
After accepting a case, the public security organ shall, after examination, consider that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.