First, the investigation stage of public security organs
From the official filing of a case by the public security organ to the end of case investigation, this stage is usually called the "investigation stage" of criminal cases. This stage includes criminal detention and approval of arrest. The focus of the investigation stage is to find out the facts of the crime through the investigation of the public security organs and deal with them according to the investigation.
1, criminal detention period-10 to 37 days.
After accepting a crime report, the public security organ considers that it is necessary to investigate the criminal facts that belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
After the public security organ formally files a case, it will decide whether to take criminal compulsory measures (criminal detention, etc.). ) according to the circumstances of the case, the criminal suspect. If the public security organ considers that criminal detention is necessary for a criminal suspect, it shall submit it to the procuratorate for examination and approval within three days after detention. Under special circumstances, the time for submitting an application for examination and approval may be extended by one to four days. The procuratorate will decide whether to approve the arrest within seven days after receiving the application from the public security for approval of the arrest. If it is a major suspect who commits a crime on the run, in a gang or repeatedly commits a crime, the time for submitting it to the procuratorate for examination and approval can be extended to one month, that is to say, the period of criminal detention is generally around 10 day, and the longest is 37 days.
2, after the approval of the arrest of the investigation detention period-two months to five months.
After arrest, the period of investigation and detention of a criminal suspect shall generally not exceed two months. If the case is complicated, it may be extended by one month with the approval of the people's procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, a fugitive crime, etc. With the approval of the provincial procuratorate, it can be extended for another two months. May be sentenced to fixed-term imprisonment of more than ten years, with the approval of the provincial procuratorate, can be extended for another two months.
3, the public security organs to deal with the end of the investigation
1) Normal condition
After investigation, if the suspect is guilty, the facts of the crime are clear, and the evidence is true and sufficient, the public security organ shall write a prosecution opinion and transfer it to the people's procuratorate for examination and prosecution together with the case file and evidence.
2) Special circumstances
In the process of investigation, if the criminal suspect should not be investigated for criminal responsibility, the public security organ shall dismiss the case; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
4. The main work of lawyers in the public security investigation stage
According to Article 33 of China's Criminal Procedure Law, "a criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. " The work that lawyers can carry out in the public security investigation stage according to law includes: providing legal advice, acting as an agent for complaints and accusations, meeting with criminal suspects, asking the case-handling organ about the alleged crimes of criminal suspects and the relevant situation of the case, and expressing opinions. If the suspect is arrested, the lawyer can apply for bail pending trial and so on. The early intervention of lawyers at this stage has a positive effect. First, in view of the possible illegal handling of cases in the investigation process, put forward legal opinions according to law and urge public security organs to standardize law enforcement; The second is to provide legal advice to criminal suspects, and to ease the tension of criminal suspects and their families through irregular meetings and communication.
Second, the procuratorate review and prosecution stage
After criminal cases are investigated by public security organs and transferred to the procuratorate for examination and prosecution, they enter the stage of examination and prosecution by the procuratorate. At this stage, the prosecutor in charge of prosecution in the procuratorate will examine the case file transferred by the public security organ, interrogate the suspect, listen to the opinions of the defender, the victim and his agent ad litem, and verify whether the suspect has committed a crime? What crime does his behavior constitute according to law? Should we sue? Is the evidence against the criminal suspect true and sufficient? Wait a series of questions.
1, statutory time limit for review and prosecution
Article 172 of China's Criminal Procedure Law stipulates that "the people's procuratorate shall make a decision within one month on the case transferred for prosecution by the supervisory organ or the public security organ, and the major and complicated case may be extended for fifteen days; If the criminal suspect pleads guilty and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to more than one year in prison, which may be extended to fifteen days. " In other words, the statutory time limit for reviewing and prosecuting is generally one month to one and a half months.
When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation. A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
2, review the handling after the prosecution
After the procuratorate has completed the examination and prosecution of the case, there are usually three situations:
1) If the procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions of jurisdiction, and transfer the case files and evidence to the people's court.
2) If the people's procuratorate considers that the criminal suspect has no criminal facts or conforms to legal circumstances, and it is unnecessary to pursue criminal responsibility, it shall make a decision not to prosecute. If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
3) If the procuratorate considers that the evidence of the case is insufficient and inconclusive, it may return the case to the public security organ for supplementary investigation. After supplementary investigation, the procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, and the procuratorate will make a decision not to prosecute.
3. The lawyer's main work in the prosecution stage of the procuratorate.
According to Article 37 of China's Criminal Procedure Law, "defense lawyers can understand the case and provide legal advice when meeting with criminal suspects and defendants in custody. ; From the date when the case is transferred for examination and prosecution, the relevant evidence can be verified with the criminal suspect or defendant. " According to the provisions of Article 38, "From the date when the people's procuratorate examines and prosecutes this case, the defense lawyer may consult, extract and copy the case file materials of this case."
At this stage, the lawyer can meet with the prosecutor and submit a legal opinion on the analysis of the suspect's involvement in the case for the prosecutor to consider when finalizing the case. If the criminal suspect is arrested, the lawyer may, according to the circumstances involved, file an application for examining the necessity of detention in accordance with the law, so as to strive for the opportunity for the criminal suspect to obtain bail pending trial.
Third, the court trial stage.
After reviewing the case prosecuted by the procuratorate, the court shall decide to hold a hearing if there are clear criminal facts in the indictment. During the trial, the court presided over the trial, and the procuratorate appeared as the prosecution and the lawyer as the defense, and participated in the court investigation, evidence cross-examination and court debate. Finally, the court listened to the opinions of both the prosecution and the defense, and made a guilty or innocent judgment on the defendant according to the facts, evidence and relevant laws and regulations.
The focus of the court trial stage is to determine whether the defendant constitutes a crime. If it constitutes a crime, should the specific punishment be decided according to law? Except for cases involving state secrets, personal privacy or cases in which the defendant was under the age of 18 at the time of trial, the people's court shall hear cases of first instance in public. If the parties to a case involving commercial secrets apply for a closed hearing, the court may close the hearing.
1, legal time limit for court hearing
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, one of the circumstances specified in Article 158 of the Criminal Procedure Law is as follows:
1) Major and complicated cases in remote areas with very inconvenient transportation; 2) Major criminal group cases;
(3) Major and complicated escape criminal cases;
4) Major and complicated cases involving a wide range and difficulties in obtaining evidence 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.
The people's court of second instance shall conclude the appeal and protest cases within two months. For cases that may be sentenced to death or cases with incidental civil actions, under any of the circumstances specified in Article 158 of this Law, it may be extended for two months with the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
Note: According to the law, people accused of crimes are collectively referred to as "suspects" at the stage of public security and procuratorate, and collectively referred to as "defendants" at the stage of court trial.
2. The main work of lawyers in the court trial stage
This stage is a comprehensive reflection of the work of defense lawyers. It is the last and most critical stage for lawyers to play their defense role. Defense lawyers will perform their duties according to law, appear in court to defend, and express their defense opinions according to the facts, evidence and relevant laws of the case. Specific work includes court cross-examination, court debate, writing and submitting defense statements, etc. In short, as the defender of the defendant, the defense lawyer will faithfully perform the rights and responsibilities entrusted to the lawyer by law and safeguard the legitimate rights and interests of the defendant to the maximum extent.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 89 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.
Article 37 When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant.
Article 172 The People's Procuratorate shall make a decision on a case transferred for prosecution by a supervisory organ or a public security organ within one month. For major and complicated cases, it may be extended for fifteen days. If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.