Most criminal cases in our country are prosecuted by the state, and public prosecution cases are handled by several levels of state organs, such as investigation by state public security organs, examination and prosecution by procuratorial organs, and trial and sentencing by courts. First of all, the public security organs or people's procuratorates will file a case for investigation when they discover criminal facts or criminal suspects. At this stage, public security organs can detain criminal suspects, interrogate criminal suspects and witnesses, and search and seize evidence. Finally, the public security organ will transfer the prosecution opinions and materials to the people's procuratorate at the same level for examination and decision. Next, the procuratorate examines the materials. For cases with clear criminal facts and sufficient evidence, the procuratorate will make a decision to prosecute, transfer the materials to the people's court and initiate a public prosecution. After reviewing the materials, the people's court will hold a hearing to hear the case and convict and sentence the suspect. Lawyers can meet the parties at the above stages, and provide legal advice to all case-handling organs on innocence or light crime and change compulsory measures.
Criminal Procedure Law of the People's Republic of China
Chapter one hundred and fifteen
Article 13 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, and the crime is light or heavy. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.