Criminal litigation is a kind of litigation. Litigation is an activity in which the plaintiff tells the defendant and the referee resolves the dispute between the two parties. According to the nature of disputes, modern litigation can be divided into criminal litigation, civil litigation and administrative litigation.
Criminal proceedings have the following characteristics:
1, presided over by people's courts, people's procuratorates and public security organs. People's courts, people's procuratorates and public security organs are specialized organs of the state, which exercise certain specialized functions and powers in criminal proceedings. Among them, the people's courts exercise judicial power, the people's procuratorates are responsible for approving or deciding arrest, putting on file for investigation, directly accepting cases for examination and prosecution, and exercising legal supervision over criminal proceedings, while the public security organs are responsible for putting on file, pre-examining, investigating, detaining and executing arrests of criminal cases.
2. It is an activity to realize the national penalty right. The power of state punishment is the power of the state to impose criminal punishment on those who commit crimes;
3, in accordance with the procedures prescribed by law. The result of criminal proceedings is directly related to people's life, personal freedom and property rights, and the litigation process is also closely related to the defendant's personal freedom and property rights;
4. The parties and other participants in the litigation.
Article 40 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Since the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.