After the case is handed over to the procuratorate, the sentence will be pronounced within one month. If the procuratorate approves the arrest, it will announce the verdict within one month, but for very serious or major complicated cases, it will be extended for one month because it is not difficult to obtain evidence. But under normal circumstances, the verdict will be announced within one month. Only when it is difficult to obtain evidence can the time be extended.
The review process for reviewing prosecution and sentencing recommendations is as follows:
1. After receiving the case materials handed over by the clerk, the prosecutor shall make a decision on whether the case enjoys jurisdiction;
2. If it is considered that our hospital does not enjoy jurisdiction after examination, we will ask for instructions to transfer to the designated jurisdiction. After the case is submitted to the department head for examination and approval, the request for instructions to transfer to the designated jurisdiction and the case materials will be transferred to the Guangzhou Municipal People's Procuratorate for designated jurisdiction;
3. If we believe that our hospital has jurisdiction through review, we will review and prosecute according to the following workflow;
4. To undertake the work of bringing prosecutors' assistants, clerks, etc. Reading papers, listening to the opinions of victims and defenders, interrogating criminal suspects, and examining whether the case is applicable to the procedure of pleading guilty and recognizing punishment;
5. If the criminal suspect agrees to plead guilty and admit punishment, and agrees to apply quick adjudication or summary procedure, he shall show the evidence of the case to the criminal suspect and sign a statement of pleading guilty and admitting punishment under the witness of the defender or the lawyer on duty;
6. If the criminal suspect does not agree to the application of the procedure of pleading guilty and admitting punishment, he will choose to apply the quick cut, simple or ordinary procedure according to the case.
The review and prosecution procedures are as follows:
1, notification program. After accepting a case, the public prosecutor shall inform the criminal suspect and the victim of their rights and obligations, the system of leniency in pleading guilty, the application for attorney or legal aid, and the review of the time limit for prosecution within three days;
2. Interrogation procedure. The prosecutor in charge shall interrogate the criminal suspect within the time limit for handling the case, verify whether the confession made by the criminal suspect in the investigation organ is true, and whether there are new excuses and confessions, so as to clarify the controversial focus or key point of the case. At the same time, interrogating criminal suspects also provides the possibility to exclude illegal evidence.
3. Extension procedures. The time limit for examination and prosecution is one month (except for cases of bail pending trial and residential surveillance). If it cannot be settled within one month, it can be postponed for 15 days.
4. Inspection procedures. During the period of examination and prosecution, if the facts of the case are unclear and the evidence is insufficient, and the investigation organ needs to supplement the evidence materials, it can be returned to the investigation organ for supplementary investigation, and the case file should be transferred to the investigation organ at this time. The investigation organ shall complete the supplementary investigation within one month, and then transfer it to the procuratorial organ for examination and prosecution. Return for supplementary investigation is limited to two times.
5. Sentencing procedure. When the procuratorial organ brings a public prosecution to the court, it needs to issue sentencing suggestions. At present, it is generally required to issue accurate sentencing suggestions, that is, the principal punishment and the supplementary punishment must be accurate.
6. Pleading and punishment procedures. Before initiating a public prosecution, the prosecutor will issue a confession and punishment certificate, which will state the criminal facts, charges, circumstances, sentencing suggestions and applicable trial procedures identified by the procuratorate. Under the witness of the lawyer on duty or the defender entrusted by the criminal suspect, the criminal suspect voluntarily signed a letter of commitment to plead guilty and admit punishment. Under normal circumstances, if a written statement is signed, the court will punish it according to the sentencing suggestions specified in the written statement.
To sum up, if the people's procuratorate puts forward a sentencing proposal in the form of a sentencing proposal, the people's court will serve the sentencing proposal together with the defendant when serving a copy of the indictment.
Legal basis:
Article 176th of the Criminal Procedure Law of People's Republic of China (PRC)
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 to prosecute, 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. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.
Article 60
For criminal suspects and defendants who have evidence to prove the facts of the crime and may be sentenced to more than fixed-term imprisonment, it is not enough to take measures such as bail pending trial and residential surveillance to prevent social danger, but if it is really necessary to arrest, they should be arrested immediately according to law.