legal advice:
hello, how to deal with criminal cases?
Lawyer's answer:
The tasks of public security organs in criminal proceedings are: to investigate, detain, pre-examine and arrest criminal suspects in accordance with the legal system, accurately and timely find out the criminal facts, punish criminals and protect innocent people from criminal investigation; Cases that should be prosecuted at the end of investigation shall be transferred to the people's procuratorate for examination and decision.
first, accept the case.
the public security organ shall make a registration form for accepting criminal cases after accepting and inquiring about citizens' handing in, reporting, accusing, reporting or criminal suspects' surrender. If, after examination, it is not serious enough for criminal punishment and needs administrative treatment, it shall be dealt with according to law, and criminal responsibility shall be investigated, and a criminal case report shall be made to the personnel under its jurisdiction.
second, solve the case. To solve the case, the following conditions must be met:
1. The facts of the crime have been proved by evidence;
2. There is evidence that the criminal facts were committed by the criminal suspect;
3. The criminal suspect or main criminal suspect has been brought to justice. For cases that meet the conditions for solving crimes, the case-handling department shall make a report on solving crimes.
If one of the following circumstances is found after investigation, the prosecution shall be dismissed:
1. There is no criminal fact;
2. The circumstances are obviously minor and the harm is not great, so it is not considered a crime;
3. The statute of limitations has expired for the crime;
4. Exemption from punishment through Amnesty;
5. The criminal suspect dies;
6. Others shall not be investigated for criminal responsibility according to law. For cases that need to be revoked, the case-handling department shall simultaneously make a "Request for Revocation" and a notice of revocation.
third, take compulsory measures.
1. The detention period shall not exceed 12 hours, and the criminal suspect shall not be detained in disguised form by continuous detention.
2. The maximum period of bail pending trial shall not exceed 12 months.
3. The maximum residential surveillance shall not exceed 6 months.
4. Detention: When a public security organ detains a person, it must produce a detention permit, conduct an interrogation within 24 hours, and notify his family or unit. If it is considered necessary to arrest after detention, it shall be reported to the people's procuratorate for examination and approval within three days after detention, and it may be extended for one day to April under special circumstances. The application for examination and approval can be extended to 3 days for major suspects who commit crimes on the run, repeatedly commit crimes or commit crimes in partnership.
5. Arrest: When a public security organ arrests a person, it must produce an arrest warrant. The trial must be held within 24 hours after the arrest, and his family or his unit must be informed. The detention period of a criminal suspect after being arrested shall not exceed two months. If the case is complicated and the detention period cannot be terminated at the expiration, it may be extended for one month with the approval of the people's procuratorate at the next higher level; Particularly serious and complicated cases may be extended for two months with the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government. If the investigation cannot be concluded at the expiration of the extension period, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government. If the suspect is found to have committed other important criminal acts during the investigation, the period of investigation and detention shall be recalculated from the date of discovery. If the criminal suspect does not give his real name and address, and his identity is unknown, the time limit for investigation and detention shall be counted from the date when his identity is ascertained.
ordinary criminal case filing standard
1, homicide. Intentional homicide; Attempted intentional homicide; "Beating, smashing and looting" causes disability or death; Manslaughter.
2. Injury cases. Intentional injury causes death or serious injury; Negligent injury leads to death or serious injury.
3. Rape case. Rape a woman by violence, coercion or other means; Rape a young girl 14.
4. Cases of abducting and selling women and children. Abducting and selling women and children; Buying abducted women and children; Obstructing state functionaries from rescuing abducted women and children by violence or coercion; Buying abducted women for rape and restricting the personal freedom of abducted women and children; Buying and selling.
5. robbery. Robbery of public or private property by violence, coercion or other means.
6. theft. Stealing guns, ammunition (including small caliber rifles) and explosives; Theft of public or private property, the amount is relatively large or has occurred many times; The accumulated amount is relatively large in 8 yuan, starting with a huge amount of 8, yuan and a particularly huge amount of 4, yuan.
7. Fraud case. Fraud of public or private property, the amount is relatively large (according to the standard of filing theft cases).
8. Robbery. Robbery of public or private property is relatively large (according to the standard for filing theft cases).
9. Blackmail cases. Extortion of public and private property, the amount is relatively large (refer to the standard for filing theft cases).
1. vandalism. Intentionally destroying public or private property, involving a relatively large amount or other serious circumstances.
11, arson, water inrush, explosion, poisoning, endangering public safety by dangerous means. Set fire, cut off water, explode, poison or destroy factories, mines, oil fields, rivers, water sources, forests, etc. Or steal other public or private property by other dangerous means, endangering public safety, but it has not caused serious consequences; Causing serious injury, death or heavy loss of public or private property; Negligence crime.
Relevant legal knowledge:
Criminal Procedure Law of People's Republic of China (PRC)
Article 26 When a people's court retries a case in accordance with the procedure of trial supervision, it shall form a collegial panel separately. If it turns out to be a case of first instance, it shall be tried in accordance with the procedure of first instance, and the judgment or ruling made may be appealed or protested; If it is a case of second instance, or a case brought before a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the judgment and ruling made shall be final.
article 27 a case retried by a people's court in accordance with the procedure of trial supervision shall be concluded within three months from the date when the decision on remanding and retrial is made, and if the time limit needs to be extended, it shall not exceed six months.
the people's court that accepts the protest shall hear the protest case in accordance with the procedure of trial supervision, and the time limit for hearing shall be governed by the provisions of the preceding paragraph; If it is necessary to instruct the lower people's court to retry, it shall make a decision within one month from the date of accepting the protest, and the time limit for the lower people's court to hear the case shall be governed by the provisions of the preceding paragraph.