The process of a criminal case is generally case filing, investigation, prosecution, trial, and execution. The length of each stage varies.
Case filing
Case filing is the beginning of criminal proceedings. Every criminal case must go through the legal filing stage. The investigative agencies shall, in accordance with their respective jurisdictions, promptly review case reports, accusations, reports and surrender materials. If they believe that there are indeed criminal facts and criminal liability needs to be investigated, they shall file a case for investigation; if they believe that there is no crime or the crime is minor, criminal liability does not need to be investigated. , the case will not be filed, and the accuser will be notified of the reasons for not filing the case. If the accuser is dissatisfied, he may apply for reconsideration; if the accuser is dissatisfied, he may apply for reconsideration.
Criminal cases are generally filed for review within 3 days. If a suspected crime needs to be verified, the case is filed for review within 7 days. For major, difficult and complex cases, the case filing review time can be extended to 30 days with the approval of the person in charge of the public security agency at or above the county level.
Investigation
The public security organs shall investigate the criminal cases filed. Investigation refers to the special investigations and related compulsory measures carried out by the public security organs and procuratorial organs in accordance with the law during the handling of cases. Investigation activities mainly include: interrogation of criminal suspects, questioning of witnesses and victims, inquest, inspection, search, seizure, retrieval of physical evidence, documentary evidence, identification, appraisal, wanted arrest, etc. After a series of investigation activities, based on the identified facts and evidence and in accordance with legal provisions, the case will be prosecuted, not prosecuted, or the case will be dismissed.
There are three main periods of investigation and detention:
General detention period: the maximum period of criminal detention shall not exceed 37 days, and the period of investigation and detention after arrest shall not exceed 2 months.
Special detention period: For complex cases and special circumstances, it can be extended first by one month, then by two months, and then by two months. In other words, it can be extended for up to five months.
Recalculation of the detention period: During the investigation process, it is discovered that the criminal suspect has other major criminal facts or is unknown, needs to undergo psychiatric evaluation, etc., and if it is found that the above circumstances exist, the detention period will be recalculated.
Prosecution
Prosecution is divided into public prosecution and private prosecution. What we are talking about here is public prosecution. According to legal provisions, all cases that require public prosecution are reviewed and decided by the People's Procuratorate. If the People's Procuratorate believes that the criminal suspect's criminal facts have been ascertained and the evidence is reliable and sufficient, and criminal liability should be investigated in accordance with the law, it will make a decision to prosecute, file a public prosecution in the People's Court in accordance with the provisions of trial jurisdiction, and transfer the case materials and evidence to the People's Court.
The time limit for review and prosecution is generally one month. If the case is serious and complicated, it can be extended by half a month; if the jurisdiction is changed, the time limit for review and prosecution will be recalculated from the date the People's Procuratorate accepts the case after the change of jurisdiction.
Trial
The so-called criminal trial means that the people's court, with the participation of both parties and other litigation participants, hears criminal cases submitted for trial in accordance with legal procedures and makes a judgment activities. In the entire litigation activities, trial is the central link and decisive stage of litigation. The trial is divided into first instance procedure and second instance procedure.
The trial period is divided into the first instance period and the second instance period. When the people's court of first instance hears a public prosecution case, it shall pronounce the judgment within two months after accepting the case, and no later than three months. In special circumstances, it may be extended by three months. If the jurisdiction changes, the trial period will be recalculated from the date the people's court with the changed jurisdiction accepts the case. The second-instance review period is generally two months, and may be extended for two months upon approval under special circumstances. The trial period for cases accepted by the Supreme People's Court shall be determined by the Supreme People's Court itself.
5. Execution
Execution refers to the activity of putting into effect the legally effective judgments and rulings of the People's Court. Execution agencies include:
People's Court: Responsible for the immediate execution of death sentences, fines, confiscation of property, acquittals, or exemptions from punishment.
Criminals: death penalty, life imprisonment and fixed-term imprisonment.
Public security organs: detention, deprivation of political rights, deportation, execution of the remainder of a fixed-term sentence of less than three months.
Community correction institutions: control, probation, parole, temporary supervised release