The procuratorate's arraignment shows that the case may have reached the stage of public prosecution by the procuratorate, and the prosecutor arraigns the suspect. When the case is transferred to the procuratorate or the court, the defense lawyer can go to the procuratorate or the court to read the papers, collect the confessions, documentary evidence, physical evidence and other relevant evidence of the criminal suspect and other accomplices accused by the investigation organ, and make a good defense plan after in-depth study, so as to ensure that the defendant is innocent, mitigated, exempted from punishment or declared suspended in court, and safeguard the best interests of the defendant.
What is the difference between arraignment and retrial?
1 has different meanings. Retrial is a retrial of a case in accordance with the procedure of trial supervision in order to correct the legally effective and indeed wrong judgments and rulings. The arraignment is because of the seriousness of the case or other reasons, and the higher court submits the cases that have not been decided or have been decided by the lower court to its own trial.
2. Different subjects: retrial can be initiated by the parties, the procuratorate and the court; Summons can only be initiated by the court.
3. Different courts apply: retrial can be tried by courts at all levels, and arraignment can only be conducted by a higher court.
4, the applicable object is different, retrial is applicable to cases where the judgment or ruling has taken legal effect and is indeed wrong; It may be a case handled by our hospital or a case handled by a lower court; The object of application of arraignment is not only the cases in which the judgment or ruling has become legally effective and there are indeed mistakes, but also the first-instance cases in which the higher people's court refuses to accept the death penalty imposed by the intermediate people's court (Article 200 of the Criminal Procedure Law), which is limited to the cases handled by the lower courts.
What are the conditions for the higher court to initiate criminal proceedings?
The conditions for the superior court to submit a case to trial in criminal proceedings are as follows:
1, the case is serious and complicated, and the lower court is not sure about conviction and sentencing.
2, involving a wide range. For example, a certain level of leadership crimes, crimes committed by United front targets with strong policies, and foreign-related cases with great influence.
3. In the process of hearing the case, the lower court is interfered and resisted by the outside world, so it cannot handle the case impartially and needs the support of the higher court.
4. The parties to the case are the staff of the lower court that accepted the case.
5 difficult cases involving major technical issues.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 71 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
(3) Being present in time when being arraigned;
(four) shall not interfere with the testimony of witnesses in any form;
(five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place;
(2) Not meeting or communicating with specific personnel;
(three) shall not engage in specific activities;
(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.
If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.
Article 72 The decision-making organ on bail pending trial shall comprehensively consider the need to ensure the normal proceedings, the social danger of the person on bail pending trial, the nature and circumstances of the case, the severity of the possible penalty, the financial situation of the person on bail pending trial and other factors to determine the amount of the deposit.
The person who provides the deposit shall deposit the deposit into the special bank account designated by the executing organ.