I. File a case?
When the public security organ or the People's Procuratorate discovers criminal facts or criminal suspects, they shall file a case for investigation within the scope of their jurisdiction.
1. Can the procuratorate open a case for investigation?
The People’s Procuratorate investigates crimes involving corruption and bribery, crimes of dereliction of duty by state agency staff, crimes of illegal detention, torture to extract confessions, retaliation and frame-up, illegal searches conducted by state agency staff taking advantage of their powers, and other crimes that infringe on citizens’ personal rights, as well as Do all crimes that violate citizens’ democratic rights have jurisdiction?
2. The criminal cases directly accepted by the People’s Court are:?
(1) Cases that are handled only upon complaint;?
(2) The victim has evidence to prove Minor criminal cases;?
Intentional injury (minor injury), bigamy, abandonment, obstruction of freedom of communication, illegal intrusion into other people’s homes, production and sale of counterfeit goods (except cases that seriously endanger social order and national interests) ;?In case of infringement of intellectual property rights (except those that seriously endanger social order and national interests), and other minor criminal cases stipulated in Chapters 4 and 5 of the Criminal Law, the defendant may be sentenced to a fixed-term imprisonment of not more than three years.
(2) Other minor criminal cases with penalties of less than three years in prison.
(3) Cases in which the victim has evidence proving that the defendant has violated his personal or property rights and should be held criminally responsible according to law, but the public security organ or the People's Procuratorate will not pursue criminal responsibility.
3. Can the public security organ open a criminal case?
Except for other criminal cases under the jurisdiction of the People’s Procuratorate and public security organs directly under the jurisdiction of the People’s Court.
4. If the case is not filed, can the victim do this?
1. If the victim believes that the public security organ should file a case for investigation but fails to file a case for investigation, the victim shall file a complaint with the People's Procuratorate, and the People's Procuratorate shall request the public security organ to explain the reasons for not filing the case.
2. Establish a case for investigation?
Public security organs may criminally detain current offenders or major suspects. Detainees should be questioned within 24 hours of detention. After the criminal suspect is interrogated for the first time by the investigative agency or from the date when compulsory measures are taken, a criminal suspect may hire a lawyer to provide him with legal advice and represent him in appeals and accusations.
1. Interrogate the suspect?
(1) During the interrogation, there shall be no less than two investigators.
(2) A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or his residence for interrogation, but a certificate from the People's Procuratorate or the public security agency must be presented. document.
(3) The maximum time for summons or summons shall not exceed twelve hours.
(3) The maximum time for summons or summons shall not exceed twelve hours, and criminal suspects shall not be detained in disguise in the form of consecutive summons or summons.
2. Question witnesses?
It can be done at the witness’s unit or residence, but a certification document from the People’s Procuratorate or the public security agency must be presented. When necessary, witnesses may also be notified to testify at the People's Procuratorate or public security organ.
If the public security organ considers that a detained person needs to be arrested, it shall submit it to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the time for submission for review and approval may be extended by 1 to 4 days. For major suspects who commit crimes on the run, commit crimes multiple times, or commit crimes in groups, the time for review and approval can be extended to 30 days.
The People’s Procuratorate shall make a decision on approving or disapproving the arrest within seven days from the date of receipt of the request from the public security organ to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security organ shall release the person immediately upon receiving the notice and promptly notify the People's Procuratorate for execution. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law.
After a criminal suspect is arrested, the criminal defense lawyer hired can apply for his release on bail pending trial.
When the public security organ completes the investigation of the case and the criminal facts are clear and the evidence is reliable and sufficient, it will write a prosecution opinion, together with the case file materials and evidence, and transfer it to the People's Procuratorate at the same level for review and decision.
Third, review and prosecution?
When the People's Procuratorate examines prosecution cases, it shall interrogate criminal suspects and listen to the opinions of the victims, criminal suspects, and persons entrusted by the victims.
In public prosecution cases, the criminal suspect has the right to entrust a defender from the date the case is transferred for review and prosecution. The defendant in a private prosecution case has the right to entrust a defender at any time.
If the People's Procuratorate believes that the criminal suspect's criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated in accordance with the law, it shall make a decision to prosecute and file a public prosecution in the People's Court in accordance with the provisions of trial jurisdiction.
4. Judgment?
First instance?
If, after review, the people's court finds that the criminal facts alleged in the indictment are clear and accompanied by a catalog of evidence, a list of witnesses, and copies or photos of the main evidence, the people's court shall rule to open a trial. Except for cases involving state secrets and personal privacy, the people's courts shall try cases of first instance in public.
From the day the People's Court accepts the case, defense lawyers may review, excerpt, and copy materials related to the criminal facts charged in this case, and may meet with and correspond with defendants in custody. During the trial, the defense lawyer defends the defendant.
When a people's court hears a public prosecution case, it shall pronounce a judgment within two months after accepting the case, and no later than three months.
Second trial?
1. If the defendant, private prosecutor and his litigation agent are dissatisfied with the first-instance judgment (within ten days of receiving the judgment) or ruling (within five days of receiving the ruling) of the local people's court at all levels, they have the right to Make a written or oral appeal to the people's court at the next higher level. The defendant's defender and close relatives may appeal with the defendant's consent.
2. If the victim and his legal representative are dissatisfied with the first-instance judgment, they have the right to lodge a protest with the People’s Procuratorate within five days after receiving the judgment. The People’s Procuratorate shall, after receiving the protest request from the victim and his legal representative Within five days, a decision shall be made on whether to protest and a reply shall be given to the petitioner.
What is the trial period for the second instance?
After the people's court of second instance accepts an appeal or protest case, it shall conclude the case within one month, and no later than one and a half months. If one of the circumstances stipulated in Article 126 of the Criminal Procedure Law occurs, it may be extended for one month with the approval or decision of the Higher People's Court of the province, autonomous region or municipality directly under the Central Government. However, appeals and protest cases accepted by the Supreme People's Court shall be decided by the Supreme People's Court. The court decides.
Retrial?
When will the case be filed?
1. Time for filing the case? Generally speaking, if an appeal is filed within two years after the execution of the sentence and meets the conditions, the court shall accept it;?
2. In the following special circumstances, if it exceeds two years, the court shall accept it:?
①The defendant in the original trial can be declared innocent;?
②The court will not accept the case within the time limit for filing a lawsuit with the court;?
③It is a difficult, complex, or major case; ?
Retrial situation?
1. There is new evidence proving that the facts determined in the original judgment or ruling are indeed wrong;?
2. The evidence on which the conviction and sentencing is based is not reliable or sufficient or proves the case. There is a contradiction between the main evidence of the facts;?
3. The original judgment or ruling applied the wrong law;?
4. When a judge engages in corruption, bribery, malpractice for personal gain, or bends the law during the trial of a case?
What is the time limit for retrial?
The retrial shall be concluded within three months from the date of the retrial decision. If the time limit needs to be extended, the extension shall not exceed six months.
Extended information:?
Article 109 of the "Criminal Procedure Law":
Article 109 of the "Criminal Procedure Law": Crime discovered by the public security agency and the People's Procuratorate The facts or criminal suspects shall be investigated according to the jurisdiction.
Article 113: If the People’s Procuratorate believes that the public security organs have not opened a case for investigation when it should be opened for investigation, or the victim believes that the public security organs have not opened a case for investigation of a case that should be opened for investigation, it shall file a complaint with the People’s Procuratorate. , the People's Procuratorate should require the public security organs to explain the reasons for not filing the case. If the People's Procuratorate believes that the public security organ's reasons for not filing a case are untenable, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notification.
Article 115: The public security organs shall conduct investigations into criminal cases that have been filed, and collect and obtain evidence proving that the criminal suspect is guilty or innocent, and that the crime is minor or serious. Current criminals and major suspects may be detained in advance in accordance with the law, and criminal suspects who meet the arrest conditions shall be arrested in accordance with the law.
Article 172 The People’s Procuratorate shall make a decision within one month on cases transferred for prosecution by the supervisory authorities and public security organs. For major and complex cases, the extension may be extended by fifteen days; criminal suspects If a person pleads guilty and accepts punishment and meets the conditions for expedited adjudication procedures, a decision that may result in a sentence of more than one year in prison shall be made within ten days. Can it be extended to fifteen days?
Article 208: When a people's court hears a public prosecution case, it shall pronounce a judgment within two months after accepting the case, and no later than three months. For cases in which the death penalty may be imposed or cases with attached civil litigation, as well as cases involving one of the circumstances stipulated in Article 158 of this Law, the people's court at the next higher level may extend the extension for three months; if it is still necessary to extend due to special circumstances , should be submitted to the Supreme People's Court for approval.
Chinese People’s Congress - Criminal Procedure Law