How long does it take for the case to go from the procuratorate to the court?
The procuratorate shall make a decision on the case transferred for prosecution by the public security organ within 1 month, and the major and complicated cases may be extended by half a month. The case usually takes one month from the procuratorate to the court.
Steps and methods of examining and prosecuting
1, review and prosecute
Review and prosecution is an important litigation activity, which is in the middle of the whole criminal procedure. In order to ensure the smooth progress of examination and prosecution, the specific methods and steps of examination and prosecution shall meet the following requirements:
1. The cases examined and prosecuted by people's procuratorates at all levels shall be adapted to the trial jurisdiction of the people's courts. When a people's procuratorate accepts a case transferred for examination and prosecution, it shall, with the approval of the procurator-general, appoint a procurator or an assistant procurator to represent the procuratorial work, or it may be handled by the procurator-general.
2, review the case file materials
After receiving the case, the case-handling personnel shall promptly review whether the case materials transferred by the public security organ or the criminal investigation department are complete, and whether there are legal documents such as the Prosecution Opinion and evidence materials. For example, if the suspect has been detained, arrested or searched, check whether there is a search warrant, detention warrant or arrest warrant. Then carefully read the prosecution opinion, understand the criminal facts, circumstances, criminal nature and charges of the criminal suspect and the reasons for requesting prosecution, carefully review the evidence materials in the case file, and review them one by one according to the five contents of legal review and prosecution. If you find any questions, you can ask the investigators. Carefully review the documents and make a mark record.
3. Interrogate the suspect
Interrogating a criminal suspect is a necessary procedure for the people's procuratorate to examine and prosecute. This is necessary for the people's procuratorate to verify the evidence, correctly identify the facts of the case and supervise the legality of investigation activities. Interrogating the criminal suspect also helps to directly understand the criminal suspect's mental state and repentance attitude, and provides him with an opportunity to defend himself and listen to his reasons. Therefore, interrogating criminal suspects is of great significance and must be carried out according to law. According to the provisions of the Criminal Procedure Law, interrogation can only be conducted by prosecutors. When interrogating a criminal suspect, he shall be informed of his right to apply for withdrawal. Procurators shall not be less than two people during interrogation. They shall first ask the criminal suspect whether he has committed a crime and let him state the guilty plot or plead not guilty. Then, according to the criminal suspect's statement and marking, they shall determine the key points of reviewing the evidence and ask the criminal suspect questions and let him answer. Interrogation of criminal suspects should be conducted individually in addition to confrontation, and attention should be paid to making notes. 4. Listen to the opinions of victims, criminal suspects and persons entrusted by victims. The people's procuratorate shall, within 3 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, and inform the victim, his legal representative or his near relatives that he has the right to entrust an agent ad litem. Asking the victim, the criminal suspect and the person entrusted by the victim and listening to their opinions is also the necessary procedure for the people's procuratorate to review and prosecute. The victim in a criminal case is the victim of a criminal act and has a better understanding of the case, so listening to his opinions will not only help to find out the facts of the case, but also help to protect the legitimate rights and interests of the victim. In judicial practice, many victims and criminal suspects lack legal knowledge or are limited by their cultural level, so they can't accurately state and answer the prosecutor's questions and need to entrust others to represent them. Therefore, the Criminal Procedure Law stipulates that the people's procuratorate should listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim when examining the case, which is more helpful for the procurator to verify the evidence and find out the facts of the case. Interrogation of the victim, the criminal suspect or the person entrusted by the victim shall be conducted by two or more procurators, and the certificates of the People's Procuratorate shall be presented to them. Before the inquiry, it should also be told to provide evidence and statements truthfully, and the inquiry should be conducted individually, and attention should be paid to making records.
The procuratorate shall make a decision on the case transferred for prosecution by the public security organ within 1 month, and the major and complicated cases may be extended by half a month. The case usually takes one month from the procuratorate to the court.