In cases where the mechanism of "direct prosecution and criminal detention" is applied, the detained criminal suspect cannot be arrested or compulsory measures can be changed. After the public security organ completes the investigation, it is directly transferred to the procuratorate for examination and prosecution, and then transferred to the court for trial. Public security organs, procuratorates and courts should complete investigation, prosecution and trial within the period of criminal detention.
(a) the time limit for handling the case of "direct prosecution of criminal detention"
According to Article 9 1 of the Criminal Procedure Law, if the public security organ deems it necessary to arrest the detained person, it shall submit it to the procuratorate for examination and approval within 3 days after detention. Under special circumstances, the time for submission and approval may be extended by 1 to 4 days. For major suspects who commit crimes on the run, commit crimes repeatedly or conspire to commit crimes, the time for reporting for examination and approval may be extended to 30 days.
This means that a criminal suspected of committing a major crime may be detained for 30 days, and the longest criminal detention period for other criminal suspects is 7(3+4) days. The time limit for handling direct criminal detention is 7 days and 30 days.
Among them, the 7-day deadline for handling cases is called "3+2+2" mechanism in "criminal detention direct complaint". The so-called "3" means that the public security organ needs to complete the investigation within 3 days, "2" means that the procuratorial organ needs to complete the examination and transfer it to the court for prosecution within 2 days, and the other "2" means that the court needs to complete the trial within 2 days.
The 30-day time limit for handling a case is called "15+7+8" mechanism in the Direct Prosecution of Criminal Detention, that is, the public security organ completes the investigation within 15 days, the procuratorate reviews the prosecution within 7 days, and the court completes the trial within 8 days. However, it is not necessary to strictly follow the "15+7+8" mechanism for criminal cases in which the detention period is extended to 30 days. The time limit for handling a case ranges from 7 days to 30 days at most from the time the suspect is detained to the time he is convicted and sentenced.
(two) the types of cases to which "direct prosecution of criminal detention" applies.
Direct prosecution of criminal detention does not apply to all criminal cases. Judging from the short handling time, the three procedures of case investigation, prosecution and trial are completed in 7 days and 30 days, and the characteristics of the case need to be met (1). The facts of the case are simple, not difficult and not complicated; (2) The case evidence is easy to collect and clear; (3) The number of people involved is small; (4) The criminal suspect is not a recidivist because of his minor crime and less social harm.
At present, in the case of direct prosecution of criminal detention, taking the Measures for the Implementation of Direct Prosecution Mechanism of Criminal Detention in Minor Criminal Cases issued by Shandong Province as an example, the cases that can be handled by the Direct Prosecution Mechanism of Criminal Detention need to meet the following conditions:
(1) Cases under the jurisdiction of the basic people's courts do not include criminal cases of first instance that endanger national security, terrorist activities and may be sentenced to life imprisonment or death, such as the crime of endangering national security in Chapter I of Volume II of the Criminal Law; Does not include major criminal cases involving the whole province (autonomous regions and municipalities directly under the Central Government) tried by the High Court; Exclude major national criminal cases tried by the Supreme Court.
(2) can be sentenced to fixed-term imprisonment of not more than three years, the facts of the case are clear, and the evidence is true and sufficient. Such as intentional injury, dangerous driving, tax evasion and illegal detention.
(3) The criminal suspect pleads guilty and repents, voluntarily confesses guilt and punishes, that is, the criminal suspect and the defendant voluntarily confess their crimes truthfully and have no objection to the criminal facts accused by the judicial organs; The criminal suspect repented seriously, expressed his willingness to accept punishment in the investigation stage, accepted the prosecution decision and sentencing suggestion made by the procuratorial organ in the examination and prosecution stage, signed a confession and repentance book, and confirmed his willingness to accept criminal punishment in court during the trial stage.
(4) The public security organ has obtained the consent of the criminal suspect. That is, the public security organ should explain to the criminal suspect the meaning of "direct prosecution of criminal detention" and solicit the opinions of the criminal suspect in writing. If the criminal suspect agrees, the public security organ shall also issue a Notice of Direct Prosecution of Criminal Detention, which shall be signed by the criminal suspect on the spot for confirmation.
(three) the types of cases that are not applicable to "direct prosecution of criminal detention"
Direct prosecution of criminal detention is a way of quick trial and handling of criminal cases, which embodies the improvement of the efficiency of handling criminal cases. But at the same time, we should also pay special attention to protecting the legitimate rights of criminal suspects and avoid the situation of "paying attention to efficiency but ignoring the quality of handling cases and even infringing on the rights and interests of criminal suspects" Therefore, for some criminal suspects in special cases and special circumstances, neither the quick adjudication procedure nor the mechanism of "direct prosecution and criminal detention" can be applied:
(1) The criminal suspect and defendant are blind, deaf, dumb or mentally ill who have not completely lost the ability to identify or control their behavior;
(2) The criminal suspect or defendant is a minor;
(3) Foreign-related crimes committed by criminal suspects and defendants.
If the case is controversial and complicated, the mechanism of "criminal detention and direct prosecution" is not applicable:
(1) If the parties fail to reach a settlement agreement, they may file a civil lawsuit incidental to criminal proceedings;
(2) Organizing or using cult organizations to commit crimes, committing crimes in groups or committing crimes with great social impact;
(3) Some criminal suspects and defendants who committed the same crime pleaded not guilty.
Direct prosecution of criminal detention simplifies the process of handling cases, and has no restriction or influence on the conviction and sentencing of criminal suspects and the application of probation. The legal basis behind it is the extension and application of criminal summary procedure and confession and punishment system. At present, Beijing, Nanjing, Zhengzhou, Tianjin and other places have set up special case-handling institutions to explore "direct criminal detention" and improve the efficiency of handling criminal cases.