Can the prosecution case of attempted intentional homicide initiated by the procuratorate be suspended? Hello, the crime of intentional homicide is one of the eight major crimes stipulated in the criminal law and a serious criminal offence.
Attempted crime, immediate reference, lighter punishment.
The initial penalty for attempted intentional homicide is three years. According to the law, if there is no special meritorious service, the probability of probation is very small.
Only fixed-term imprisonment of not more than three years or criminal detention can a suspended sentence be declared at the same time.
Legal connection: Article 232 of the Criminal Law: Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Is it a direct case that the procuratorate does not approve the arrest? Suspension of direct prosecution cases, if it is suspected of minor injuries, the Public Security Bureau can transfer it to the procuratorate for prosecution after investigation.
You can also tell the parties to bring a lawsuit to the court, which is called private prosecution and belongs to criminal incidental civil action.
After the court hearing, the investigation of criminal offences usually ends after mediation and compensation is made, and criminal responsibility is rarely investigated after private prosecution.
Even if you are investigated, you can be suspended.
In a public prosecution case, the procuratorate sentenced him to six months. Will the court give him a suspended sentence without a lawyer? First of all, the public security organs will take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended for one to four days. The procuratorate usually decides whether to approve the arrest within seven days. If it is a major suspect who has escaped, ganged up or committed crimes for many times, the time for requesting arrest can be extended to one month, that is to say, criminal detention usually lasts for more than ten days, and the longest is 37 days. The investigation period after arrest shall generally not exceed two months, and the case with complicated circumstances 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. With the approval of the provincial procuratorate, the criminal suspect who may be sentenced to a penalty of less than ten years will be extended for another two months. In other words, the public security stage usually lasts about two and a half months to three months, and the longest is eight months. Then, the case is written by the case handlers of the public security organs, and the files and evidence are transferred to the procuratorate, that is, the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month. If the procuratorate deems it necessary to make supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. Supplementary investigation shall be completed within one month, and supplementary investigation shall be limited to two times. After the supplementary investigation, the procuratorate recalculated the time limit for examination and prosecution. After the examination, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding court. That is, it usually takes one month to one and a half months, and the longest will reach five months. Finally, go to court. The trial is based on the system of second instance and final adjudication, and the first instance shall be conducted within one month after the court accepts and pronounces a verdict, and shall not exceed one and a half months at the latest. If it is a case in a remote area, a major criminal group or a fugitive, it can be extended for another month. If the defendant or a party to an incidental civil action refuses to accept the judgment of first instance, he may appeal; If the procuratorate believes that the judgment of the first instance is indeed wrong, it can also lodge a protest with the higher court, and the case will enter the second instance. The trial time limit of the second trial is the same as that of the first trial, which is also one month, not more than one and a half months. If it is a case in a remote area, a major criminal group or a fugitive crime, it can be extended for another month. That is to say: if there is no appeal or protest, it usually takes one month to one and a half months, and the longest is two and a half months. If there is a second trial, it usually takes two to three months, and the longest is five months. If the court considers that the evidence is insufficient and returns it to the procuratorate, the time will be extended. To sum up, a criminal case will be over in five to six months if it is not complicated and the case is simple. If it is more complicated, the longest probation period is about two years. In practice, the phenomenon of extended detention is very common. If this happens, it is necessary to hire a lawyer to appeal and apply for bail pending trial in time to safeguard the legitimate rights of the criminal suspect (defendant). After the court pronounced the sentence, the time spent in the detention center was deducted from the sentence period. If the sentence is less than one year, the remaining sentence will be served in the detention center, and the sentence will generally not be reduced in the detention center. If it is more than one year, it will be sent to different prisons after a period of time according to the length of the remaining sentence. Those who serve their sentences in prison and meet the conditions of commutation, parole and medical parole may apply for commutation, parole and medical parole.
Can the divorce case prosecuted by the procuratorate be suspended? It depends on the specific circumstances of the case, and those who meet the conditions can be suspended. Applicable conditions criminal law article 72 a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, people under 18 years old, pregnant women and people over 75 years old should suspend:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Is it legal for the procuratorate to accept public prosecution cases? According to the provisions of the Criminal Procedure Law, if the procuratorial organ thinks that the facts of the case are unclear and the evidence is insufficient, it can return it to the public security organ for supplementary investigation.
In addition, the law stipulates that supplementary investigation is limited to two times, and the time for each supplementary investigation shall not exceed one month.
Therefore, according to your introduction, the practice of the procuratorate did not violate the law.
Supplement: It is not excluded that the public security organ may reopen the case after withdrawing the case.
Of course, according to the law, the longest investigation detention period can reach 7 months. However, such cases are generally very complicated and important, and ordinary traffic accidents can't take that long.
Maybe the facts haven't changed, but there is new evidence.
Can a criminal prosecution case be withdrawn before it is handed over to the procuratorate? There is no question of withdrawing a criminal prosecution case before it is handed over to the procuratorate. If a criminal case that has been put on file does not constitute a crime, the public security organ may directly revoke it. However, cases in which the criminal suspect has been arrested shall be supervised by the investigation and supervision department of the procuratorate.
Whether the procuratorate can grant probation after filing a public prosecution, as long as it meets the conditions for probation, can of course be judged. Has nothing to do with public prosecution or private prosecution. Among the cases prosecuted by the procuratorate, there are also many suspended sentences.
In criminal cases, after a year's probation, the procuratorate demanded a heavy public prosecution. Solve the problem. According to what you said, the procuratorate initiated the retrial procedure according to the procedure. The procuratorate thought it was a serious injury and produced a forensic identification. It was trauma that caused pneumonia.
Then it doesn't matter to change it to 15. Because the maximum sentence is the death penalty. Article 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Is the case of withdrawing the public prosecution not guilty? Does the procuratorate still need the file of non-prosecution? Before the court makes a judgment, how does the procuratorate know that the judicial Committee is innocent? Obviously, the court and the procuratorate are intrinsically linked. It is estimated that your case is over here, and there is no relative or absolute non-prosecution.