It refers to a litigation activity in which public security organs and procuratorates, according to their respective jurisdictions, find criminal facts or suspects after reviewing the materials of reporting, accusing, reporting, surrendering and private prosecution, or decide to investigate or try criminal cases.
Step 2 investigate
Investigation refers to the special investigation work and related compulsory measures carried out by public security organs and procuratorates in the process of handling cases according to law; According to the law, summons and the duration of summons in the process of investigation shall not exceed 12 hours, and detention in disguised form by continuous summons shall not be allowed. According to the regulations, the investigation period is 2-7 months.
(1) Generally speaking, after a suspect is arrested, the investigation period shall not exceed 2 months;
(2) Cases with complicated cases can be extended by 1 month;
(3) Major and complicated cases in remote areas with very inconvenient transportation; Major criminal group cases; Major and complicated escape criminal cases; Major and complex cases involving a wide range and difficulties in obtaining evidence can be extended for 2 months;
(4) If the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, it may be extended for another two months on the basis of the extension of three months.
3. Detention
Criminal detention refers to the compulsory method that the public security organs and procuratorates temporarily deprive criminals or major suspects of their personal freedom in the process of investigation in an emergency. Specifically including:
(1) being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) Evidence of a crime is found around or at the residence;
(4) attempted suicide, escaped or escaped after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not tell the real name and address, and the identity is unknown;
(seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.
When you are detained, you should show your detention permit. After detention, except in cases that hinder the investigation or cannot be notified, the reasons and places of detention shall be notified to the families or units of the detainees within 24 hours. According to the regulations, the detention time is generally 10-37 days.
(1) The public security organ shall apply for approval of arrest within 3 days after detention, which may be extended by 1-4 days upon approval in special circumstances, and may be extended to 30 days for major suspects who commit crimes in partnership. The procuratorate shall make a decision to examine and approve the arrest within 7 days after receiving the application for approval of the arrest.
(2) The procuratorate shall make a decision within 10 days if it deems it necessary to arrest the detainee for the case directly accepted. Under special circumstances, the time for deciding to arrest may be extended by 1-4 days. Those who do not need to be arrested shall be released immediately.
Step 4 arrest
According to the law, for criminal suspects and defendants who have evidence to prove criminal facts and may be sentenced to more than fixed-term imprisonment, it is not enough to take measures such as bail pending trial and residential surveillance to prevent social danger, but if it is really necessary to arrest, they should be arrested immediately.
5. Review the prosecution.
According to the regulations, if the procuratorial organ believes that the criminal facts of the criminal suspect have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution. The time for procuratorial organs to review and prosecute is 1 month, and major and complicated cases can be extended by half a month; If supplementary investigation is needed, the procuratorate may return it to the public security organ for supplementary investigation. Return for supplementary investigation shall be limited to two times, and each time shall not exceed 1 month.
Extended data:
Article 81 A criminal suspect or defendant who has evidence to prove that he has committed a crime and may be sentenced to fixed-term imprisonment or more shall be arrested if bail pending trial is insufficient to prevent the following social dangers:
(a) New crimes may be committed;
(two) there is a real danger of endangering national security, public safety or social order;
(three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion;
(4) It is possible to take revenge on the victim, prosecutor or accuser;
(5) attempting to commit suicide or escape.
When approving or deciding to arrest, the nature, circumstances, confession and lighter punishment of the criminal suspect and defendant should be taken as factors to consider whether social danger may occur.
If there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is intentional crime or the identity is unknown, it shall be arrested.
If the circumstances are serious, a criminal suspect or defendant who has been released on bail pending trial or under residential surveillance may be arrested.
Article 82 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Article 85 When a public security organ detains a person, it must produce a detention permit.
After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Article 86 The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.
Article 87 When a public security organ requests the arrest of a criminal suspect, it shall write a letter of approval of the arrest, together with case files and evidence, and submit it to the people's procuratorate at the same level for examination and approval. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 113 If the people's procuratorate thinks that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case.
If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.
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 116 After investigation, the public security organ shall conduct a preliminary examination of cases with evidence to prove criminal facts, and verify the evidence materials collected and collected.
Article 117 If a party, his defender, agent ad litem or interested party commits any of the following acts against the judicial organ and its staff, he has the right to lodge a complaint or accusation with the judicial organ:
(a) the compulsory measures are not lifted, lifted or changed at the expiration of the statutory time limit;
(2) The bail bond that should be returned has not been returned;
(3) Take measures of sealing up, distraining and freezing the property irrelevant to the case;
(four) the seizure, seizure and freezing should be lifted;
(5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations.
The organ that accepts the complaint or accusation shall deal with it in time. If you are dissatisfied with the handling, you may appeal to the people's procuratorate at the same level; Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it.
References:
The Supreme People's Procuratorate-Criminal Procedure Law