The latest version of the Procedural Provisions for Handling Criminal Cases is the Procedural Provisions for Handling Criminal Cases by Public Security Organs, which is formulated to ensure the implementation of the Criminal Procedure Law of People's Republic of China (PRC), ensure that public security organs correctly exercise their functions and powers in criminal proceedings, standardize handling procedures, ensure handling quality and improve handling efficiency. This regulation was last revised in July 2020 and came into effect in September 2020. 1.
Second, the criminal case transfer procedures:
1, the case was written by the case-handling personnel of the public security organ, and the files and evidence were transferred to the procuratorate.
2. If the procuratorate deems it necessary to conduct supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct its own investigation.
3. After the examination, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding court.
4. Transfer to the court.
According to Article 3 of the Criminal Procedure Law, the public security organs are responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
Three. How many days does the public security bureau detain a criminal case at most?
Criminal cases: The Public Security Bureau can detain criminals for up to 37 days. Article 91 of the Criminal Procedure Law If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the people's procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it.
Four, how long will it take for a criminal case to be handed over to the court.
How long it takes for a criminal case to be handed over to the court to be closed depends on the specific applicable procedures. Article 208th of the Criminal Procedure Law stipulates that after accepting a case of public prosecution, the people's court shall pronounce a judgment within two months, but not more than three months at the latest. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
Article 220 stipulates that the people's court shall conclude a case subject to summary procedure within 20 days after accepting it; If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
Article 225 stipulates that a case tried by the people's court through the expedited procedure shall be concluded within 10 days after acceptance; If the term of imprisonment may exceed one year, it may be extended to fifteen days.
legal ground
Criminal procedure law
Article 3 The public security organs shall be responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it.
208th Article When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
Article 220 A case tried by summary procedure shall be concluded by the people's court within 20 days after it is accepted. If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
Article 225 The people's court shall conclude a case that is tried by the expedited procedure within 10 days after accepting it. If the term of imprisonment may exceed one year, it may be extended to fifteen days.