First, what does the procuratorate mean by arraignment?
1. The interrogation of a criminal suspect by the procuratorate refers to the act of interrogating the criminal suspect by the procuratorate in the process of examination and prosecution.
China's criminal procedure law stipulates that when examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and put them on record. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume.
2. Legal basis: Article 173rd of the Criminal Procedure Law of People's Republic of China (PRC). When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and record them. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume.
If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his litigation agent on the following matters, and put them on record:
(1) Suspected criminal facts, charges and applicable legal provisions;
(2) Suggestions on a lighter, mitigated or exempted punishment;
(3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment;
(four) other matters that need to listen to opinions.
Second, what is the difference between the trial supervision procedure and the second instance procedure?
1, different trial objects. The procedure of trial supervision deals with legally effective judgments and rulings. It includes not only the first-instance judgments and rulings that failed to appeal or protest within the statutory time limit, but also the second-instance judgments and rulings; It includes both those being executed and those already executed; The object of the second-instance procedure is only the first-instance judgment or ruling that has not yet taken legal effect.
2. The subjects of filing procedures are different. The Supreme People's Court, the people's court at a higher level, the presidents of people's courts at all levels (which must be submitted to the judicial committee for decision), the people's procuratorate at a higher level, and the Supreme People's Procuratorate, the parties who file a complaint and their legal representatives and close relatives do not constitute the subject of filing a complaint; The subjects of the second instance procedure include the defendant, the private prosecutor and his legal representative, close relatives, defenders and the people's procuratorate at the same level with the consent of the defendant. The parties to an incidental civil action and their legal representatives may also appeal against the incidental civil action.
3. The reasons are different. In order to maintain the stability and authority of the effective judgment, the law has strict restrictions on the reasons for initiating trial supervision, which must be carefully examined by the people's court or the people's procuratorate with jurisdiction, and there are sufficient grounds and reasons to determine that the effective judgment is indeed wrong; As long as there is a legitimate appeal or protest, the second instance procedure can be triggered. No matter whether the reasons for the appeal or protest are sufficient or not, the court at the next higher level of the court of first instance must conduct the trial in accordance with the procedure of second instance.
4. The filing time limit is different. There is generally no statutory time limit for filing a trial supervision procedure. As long as there are mistakes in effective judgments and rulings, they can be found and corrected at any time in the spirit of seeking truth from facts and correcting mistakes. Of course, if the original judgment wrongly convinces the guilty person not to be guilty and it is necessary to start the trial supervision procedure, it shall be limited by the limitation period stipulated in the criminal law; Appeals and protests in the procedure of second instance must be made within the statutory time limit. If there is no justifiable reason within the time limit, the court of second instance will not accept it.
5. The court being tried is different. The court that has the right to hear a case in accordance with the procedure of trial supervision may be the court of first instance, the court of second instance, or the court at a higher level remanded for retrial; The court that has the right to hear a case in accordance with the procedure of second instance can only be the court at the next higher level than the court of first instance.
6. Different sentencing principles. A case tried in accordance with the procedure of trial supervision is equivalent to a retrial. No matter what the subject is, when sentencing after trial, the punishment can be aggravated, maintained or mitigated according to facts and laws. When the defendant files an appeal, the sentencing after the trial of the second instance procedure must apply the principle of no additional punishment on appeal, and only the original judgment can be upheld or the punishment can be mitigated, but the punishment cannot be aggravated.
3. How long does it usually take to summon a prisoner?
1. The law does not clearly stipulate the time when prisoners are brought to court, which usually varies according to the efficiency of the investigation organ and the complexity of the case.
Interrogation of criminals is a way for public security organs to supplement investigation. Under normal circumstances, the interrogation shall not exceed 24 hours, and a record shall be made.
The interrogation of a criminal suspect by the procuratorate refers to the act of interrogating the criminal suspect in the process of examination and prosecution.