Criminal accusation procedure

Criminal cases are divided into public prosecution cases and private prosecution cases. A case of public prosecution refers to a case in which the people's procuratorate brings a public prosecution to the people's court on behalf of the state and investigates the criminal responsibility of the criminal suspect. A case of private prosecution refers to a case in which the victim directly files a criminal private prosecution with the people's court according to the criminal procedure law. The specific process of a private prosecution case: the victim brings a lawsuit to the people's court, and the people's court will hear it, make a guilty or innocent judgment, and finally hand it over to the executive organ for execution.

The specific process of public prosecution case: investigation and filing: the investigation organ accepts the report of the informant or the accuser, or the investigation organ finds the criminal clue by itself and files the case for investigation. Transfer for review and prosecution: After the investigation is completed, the investigation organ thinks that the criminal suspect is suspected of committing a crime and files a public prosecution with the people's procuratorate, and submits the prosecution opinions with the evidence of the whole case.

First, the public security organs should immediately accept any citizen's seizure, accusation, accusation or surrender, inquire about the situation and make records.

The evidence materials provided by informants, accusers, prosecutors and surrenders shall be registered and a list of evidence shall be made.

Two, make a registration form and issue a receipt.

Third, conduct a quick review to determine whether it is a criminal case.

If you are injured, you should immediately carry out forensic identification to determine whether it constitutes a minor injury (crime) or a minor injury (non-crime).

In death cases, an autopsy should be conducted immediately to determine whether it is suicide, homicide or sudden death.

In traffic accident cases, it is necessary to appear at the scene immediately to determine the responsibilities of both parties.

The preliminary examination before filing a case can take measures such as inquiry, inquiry, exploration, appraisal and obtaining evidence materials. However, the personal rights and property rights of the investigated person shall not be restricted.

Four, after examination, that there are criminal facts, but do not belong to their own jurisdiction, immediately reported to the person in charge of the public security organ at or above the county level for approval, the case will be transferred to the competent authority.

For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then go through the transfer procedures.

Five, after examination, belong to inform the handling of the case, inform the parties to the people's court.

For minor criminal cases that the victim has evidence to prove, inform the victim that he can bring a lawsuit to the people's court. If the victim requests the public security organ to accept it, the public security organ shall handle it.

Six, after examination, does not constitute a crime, need to be given administrative punishment, shall be dealt with according to law or transferred to the relevant administrative departments.

Seven, after examination, that there are criminal facts that need to be investigated for criminal responsibility, and belong to their own jurisdiction, the county public security department responsible person for approval to be placed on file.

Legal basis:

Article 1 of the Supplementary Investigation Standard for the Return of Public Prosecution Cases

The return of a public prosecution case for supplementary investigation as mentioned in these Provisions refers to the litigation activities in which the public prosecution department of the procuratorial organ (hereinafter referred to as the public prosecution department) thinks that the facts of the crime are unclear, the evidence is insufficient, the charges are omitted, and the suspects in the same case are omitted. And submit written opinions to the public security organs, requesting further investigation and supplementary evidence, and requesting supplementary evidence materials necessary for the trial during the trial.