The latest criminal case handling procedures

Legal analysis: First of all, the public security organs will take criminal detention according to the situation and submit it to the procuratorate for approval of the arrest within three days, which can be extended by one to four days. The prosecutor's office generally decides within seven days whether to authorize an arrest. If it is a major suspect who commits crimes on the run, commits crimes in groups, or commits multiple crimes, the time for arrest can be extended to one month, which means that criminal detention is usually more than ten days, with the longest being 37 days. Then, the case investigators of the public security organs write up the case and transfer the case files and evidence to the procuratorate, which is the review and prosecution stage. Finally, go to court.

Legal basis: Article 3 of the "Criminal Procedure Law" is responsible for the investigation, detention, execution and pre-trial of criminal cases. For cases directly accepted by the procuratorial organs, the People's Procuratorate is responsible for prosecuting, approving arrests, investigating and prosecuting cases. The People's Court shall be responsible for the trial. Except as otherwise provided by law, no other agency, organization or individual has the right to exercise these powers.

People's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this law and other laws when conducting criminal proceedings.

Article 173 of the Criminal Procedure Law: When reviewing a case, the People's Procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or lawyer on duty, the victim and his agent ad litem, and record them in the record. If the defender or lawyer on duty, the victim and his or her litigation agent submit written opinions, they shall be attached to the file.

If a criminal suspect pleads guilty and accepts punishment, the People's Procuratorate shall inform him of his litigation rights and the legal provisions on confession and punishment, and listen to the criminal suspect, defender or lawyer on duty, the victim and his litigation agent on the following matters: Opinions, and recorded in the record:

(1) The alleged criminal facts, charges and applicable legal provisions;

(2) Suggestions on lenient, reduced or exempted punishment;< /p>

(3) Procedures applicable to case trials after guilty pleas and punishment;

(4) Other matters requiring hearing of opinions.

When the People's Procuratorate listens to the opinions of the duty lawyer in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the duty lawyer to understand the relevant circumstances of the case in advance.

Article 186 of the "Criminal Procedure Law": For a case that has been filed for public prosecution, after review by the People's Court, if the criminal facts alleged in the indictment are clear, it shall decide to open a trial.