According to the provisions of Article 109 of the Criminal Procedure Law of People's Republic of China (PRC), public security organs and people's procuratorates shall file a case for investigation within their jurisdiction when they discover criminal facts or suspects.
With reference to Article 115 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organs investigate criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime. 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.
According to the provisions of Article 116 of the Criminal Procedure Law of People's Republic of China (PRC), after investigation, the public security organ shall conduct a preliminary trial of a case with evidence to prove the facts of the crime, and verify the collected and obtained evidence.
According to Article 156 of the Criminal Procedure Law of People's Republic of China (PRC), the period of investigation and detention of a criminal suspect after arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
Referring to Article 162 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organ shall ensure that the facts of the crime are clear, the evidence is true and sufficient, write a prosecution opinion, and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.
According to Article 169 of the Criminal Procedure Law of People's Republic of China (PRC), any case that needs to be prosecuted shall be examined and decided by the people's procuratorate.
Referring to Article 172 of the Criminal Procedure Law of People's Republic of China (PRC), the people's procuratorate shall make a decision within one month on the case transferred for prosecution by the supervisory organ or the public security organ, and the major and complicated case may be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
With reference to Article 176 of the Criminal Procedure Law of People's Republic of China (PRC), if the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, bring a public prosecution to the people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.
According to the provisions of Article 186 of the Criminal Procedure Law of People's Republic of China (PRC), if the facts of the crime alleged in the indictment are clear after the people's court has examined the case in which public prosecution was initiated, it shall decide to hold a hearing.
Referring to Article 187 of the Criminal Procedure Law of People's Republic of China (PRC), after the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate on the defendant and his defender at the latest ten days before the hearing. Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session. The above activities shall be recorded in the record and signed by the judges and the clerk.
According to Article 198 of the Criminal Procedure Law of People's Republic of China (PRC), all facts and evidence related to conviction and sentencing shall be investigated and debated during the court hearing. With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the case, and may argue with each other. After the presiding judge announces the end of the debate, the defendant has the right to make a final statement.
With reference to the provisions of Article 202nd of the Criminal Procedure Law of People's Republic of China (PRC), a public verdict was pronounced. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.
According to the provisions of 208th Article of the Criminal Procedure Law of People's Republic of China (PRC), the people's court shall pronounce a judgment within two months after accepting a case of public prosecution, but not more than three months at the latest. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
According to Article 227 of the Criminal Procedure Law of People's Republic of China (PRC), defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in written or oral form if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. The defendant shall not be deprived of the right to appeal under any pretext.
According to Article 243rd of the Criminal Procedure Law of People's Republic of China (PRC), the people's court of second instance shall conclude the appeal and protest cases within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances specified in Article 158 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court. Article 244 The judgments and orders of second instance and the Supreme People's Court are final.
Extended data
According to the provisions of Article 163 of the Criminal Procedure Law of People's Republic of China (PRC), if it is found during the investigation that the criminal suspect should not be investigated for criminal responsibility, the case should be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
Referring to Article 175 of the Criminal Procedure Law of People's Republic of China (PRC), when examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, he may be required to explain the legality of collecting evidence. When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation.
A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution. If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.
According to Article 177 of the Criminal Procedure Law of People's Republic of China (PRC), if the criminal suspect has no criminal facts or has one of the circumstances stipulated in Article 16 of this law, the people's procuratorate shall make a decision not to prosecute. If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.
According to Article 178 of the Criminal Procedure Law of People's Republic of China (PRC), the decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and his unit. If the accused is in custody, he shall be released immediately.
According to the provisions of Article 183 of the Criminal Procedure Law of People's Republic of China (PRC), the basic people's court and the intermediate people's court shall try a case of first instance by a collegial panel composed of three judges or three to seven judges and people's jurors. However, a case in which a summary procedure or a summary procedure is applied in a basic people's court may be tried by a single judge.
When trying a case of first instance, the Higher People's Court shall consist of three to seven judges or three to seven judges and people's jurors. The Supreme People's Court tried cases of first instance by a collegial panel of three to seven judges. When trying cases of appeal and protest, the people's court shall be composed of three or five judges. The number of members of the collegial panel shall be odd.
According to Article 259 of the Criminal Procedure Law of People's Republic of China (PRC), judgments and orders shall be executed after they become legally effective. The following judgments and rulings take legal effect:
(a) there is no appeal or protest judgment or ruling within the statutory time limit;
(2) Final judgment and ruling;
(three) the death penalty approved by the Supreme People's Court and the death penalty approved by the Higher People's Court are suspended for two years.
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law