I. Investigation stage
1, detention
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention.
A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken.
Step 2 arrest
If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention.
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence.
Second, the stage of review and prosecution.
1. From the date when the case is transferred for review and prosecution, the criminal suspect has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender.
2. If the people's 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 on prosecution and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
Third, the trial stage.
After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing.
In addition, except for cases involving state secrets or personal privacy, the people's court shall hear cases of first instance in public.
Legal basis: Article 19 of the Criminal Procedure Law of People's Republic of China (PRC), except as otherwise provided by law, criminal cases shall be investigated by public security organs. Crimes such as illegal detention, extorting confessions by torture, and illegal search. The people's procuratorate may file a case for investigation of illegal acts found by judicial personnel in the process of legal supervision of litigation activities. If a major criminal case of a functionary of a state organ under the jurisdiction of a public security organ needs to be directly accepted by a people's procuratorate, it may be placed on file for investigation upon the decision of a people's procuratorate at or above the provincial level. Cases of private prosecution are directly accepted by the people's courts.