After receiving the report, the public security organ shall file a case for examination to find out who participated in the case, whether there are criminal facts and whether it is necessary to pursue criminal responsibility.
2, transferred to the procuratorate
After reviewing the case, the public security organ considers that there are criminal facts, and the criminal facts are clear and meet the standards for filing a criminal case, and then submit a prosecution opinion and evidence materials in the same case to the people's procuratorate at the same level.
3. Review and prosecution
After receiving the files submitted by the public security organs, the people's procuratorate must find out the following points:
Whether the facts of the case are clear and whether the evidence is sufficient and true;
Whether there are other acts that should be investigated for responsibility;
Whether there are circumstances that should not be investigated for criminal responsibility;
Whether the criminal suspect's criminal behavior has caused economic losses to the victim, and whether the victim has filed an incidental civil lawsuit;
Whether the investigation activities of investigators conform to legal procedures.
The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month.
If the people's procuratorate considers that the evidence of the case is insufficient or weak on the basis of the original investigation, the time limit for supplementary investigation shall be completed within one month, and the number of times shall be limited to two.
After examination, the people's procuratorate considers that the facts of the case are clear and the evidence is true and sufficient. The criminal responsibility of the criminal suspect shall be investigated, an indictment shall be submitted to the people's court according to law, and a public prosecution shall be instituted.
Step 4 hold court sessions
After receiving the indictment submitted by the people's procuratorate, the people's court shall decide whether to accept it within 7 days. When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months.
For a case that may be sentenced to death or an incidental civil lawsuit, it may be extended for three months with the approval of the people's court at the next higher level under any of the circumstances stipulated in Article 158 of the Criminal Procedure Law; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
Step 5 close the case
The people's court made the following judgments according to the ascertained facts, evidence and relevant laws and regulations:
1. If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
2. If the defendant cannot be found guilty due to insufficient evidence, a verdict of innocence shall be made because the accused crime cannot be established due to insufficient evidence;
3. If the defendant is found innocent according to law, a verdict of innocence shall be made.
Extended data:
Criminal procedure law
Article 115 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 169 All cases requiring public prosecution shall be examined and decided by the People's Procuratorate.
Article 170 The People's Procuratorate shall, in accordance with the relevant provisions of this Law and the Supervision Law, examine the cases transferred for prosecution by the supervisory organs. If the people's procuratorate considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may make supplementary investigation on its own if necessary.
The people's procuratorate shall first detain the criminal suspect in the case that the supervisory organ has transferred for prosecution, and the lien measures shall be automatically lifted. The people's procuratorate shall, within ten days after detention, make a decision on whether to arrest, get a bail pending trial or monitor residence. Under special circumstances, the decision time can be extended by one to four days. The period when the people's procuratorate decides to take compulsory measures shall not be counted in the period of examination and prosecution.
Article 171 When examining a case, a people's procuratorate must find out:
(a) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;
(two) whether there are any omission crimes and other persons who should be investigated for criminal responsibility;
(3) Whether criminal responsibility should be investigated;
(4) Whether there are incidental civil actions;
(5) Whether the investigation activity is legal.
References:
Central People's Government-Criminal Procedure Law