First, how to deal with the criminal case file to the procuratorate?
If the criminal file goes to the procuratorate, the procu
First, how to deal with the criminal case file to the procuratorate?
If the criminal file goes to the procuratorate, the procuratorate shall examine and prosecute according to law, and make a decision on whether to prosecute within the specified time.
Criminal procedure law
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.
If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
Second, what is the content of the review after the criminal case file is sent to the procuratorate?
(a) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;
(two) whether there are any omission crimes and other persons who should be investigated for criminal responsibility;
(3) Whether criminal responsibility should be investigated;
(4) Whether there are incidental civil actions;
(5) Whether the investigation activity is legal.
3. Can a lawyer consult the criminal case file after going to the procuratorate?
After the criminal case file arrives at the procuratorate, the lawyer has the right to consult the file, and the rights of the defense lawyer at the stage of examination and prosecution include:
1) conference right;
2) the right to read papers;
3) the right to apply for evidence collection;
4) the right to investigate and collect evidence;
5) The right to give legal opinions and other rights.
Among them, the right to interview, the right to read papers and the right to investigate and collect evidence are the three most important rights enjoyed by lawyers in the stage of examination and prosecution.
4. What are the circumstances in which the criminal suspect can't sign the confession and repentance at the stage of examination and prosecution?
(1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(two) the legal representative or defender of the juvenile criminal suspect has any objection to the juvenile's confession and punishment;
(3) Other circumstances in which it is not necessary to sign a confession and repentance.
To sum up, it is normal for the files of public prosecution cases to be transferred to the procuratorate, and the public security organs must transfer them to the procuratorate for examination and prosecution after the investigation is completed. It is particularly important to note that lawyers have the right to read the files after they are transferred to the procuratorate. Not only that, lawyers can also copy and extract files, and lawyers also have the right to meet criminal suspects during the examination and prosecution stage.