1. What is the time limit for the investigation stage of criminal cases?
According to the Criminal Procedure Law and the Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legislative Affairs Commission of the National People's Congress Standing Committee (NPCSC) on Several Issues concerning the Implementation of the Criminal Procedure Law, the duration of investigation detention can be divided into ordinary detention, special detention and recalculated detention.
(1) The period of investigation and detention of a criminal suspect after his 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.
(2) For particularly serious and complicated cases that cannot be put on trial for a long time due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
(3) If the investigation of the following cases cannot be concluded within the time limit specified in Article 124 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government:
1, a major and complicated case in a remote area with very inconvenient transportation;
2. Major criminal group cases;
3. Major and complicated escape criminal cases;
4. Major and complicated cases involving a wide range and difficulties in obtaining evidence.
(4) If the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, and the extended period stipulated in Article 126 of this Law expires and the investigation is terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government.
(5) In the course of investigation, if the criminal suspect is found to have committed other major criminal acts, the period of investigation detention shall be recalculated in accordance with the provisions of Article 124 of this Law from the date of discovery.
If a criminal suspect does not give his real name and address, and his identity is unknown, the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped. If the facts of the crime are clear and the evidence is true and sufficient, they may also be transferred to the people's procuratorate for examination and prosecution according to their self-reported names.
Second, the process of criminal investigation
(1) Interrogating the criminal suspect.
1. At the time of interrogation, there shall be no less than two investigators.
2. A criminal suspect who does not need to be arrested or detained may be summoned to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation, but the documents of the people's procuratorate or the public security organ shall be produced.
3. The maximum duration of summons and summons shall not exceed twelve hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons.
(2) Ask the witness
You can go to the witness's unit or residence, but you must produce the documents of the people's procuratorate or the public security organ. When necessary, witnesses may also be notified to testify in a people's procuratorate or a public security organ.
(3) an inquest or inspection.
(4) search;
(five) the seizure of physical evidence and documentary evidence;
(6) identification;
(7) wanted;
(8) The investigation is over.
Three, the main rights and problems that defense lawyers should pay attention to in the criminal investigation stage.
In view of the particularity of criminal cases in the investigation stage, because the suspected criminal acts of criminal suspects have not been ascertained and the evidence has not been completely collected, in order to prevent the investigation activities of the investigation organs from being affected or hindered, the new Criminal Procedure Law has imposed necessary restrictions on the participation of defense lawyers in litigation activities, mainly in the following points:
(a) after accepting the entrustment of the criminal suspect, the defense lawyer shall promptly inform the case-handling organ;
(2) In cases suspected of endangering national security, terrorist activities or especially serious bribery crimes, defense lawyers shall obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance;
(3) A defense lawyer shall have the right to keep confidential the relevant information and information of his client that he knows in his practice. However, if a defense lawyer knows that the client or others are preparing or committing crimes that endanger national security, public security and seriously endanger the personal safety of others in his practice activities, he shall promptly inform the judicial organs;
(4) A defense lawyer shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude with confessions, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial proceedings;
(5) Since the people's procuratorate examines and prosecutes the case, the defense lawyer can consult, extract and copy the case file, which means that the defense lawyer is not allowed to consult, extract and copy the case file in the investigation stage of the case;
(6) The evidence collected by the defense lawyer that the suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, and shall promptly inform the public security organ and the people's procuratorate;
(7) With the consent of the witness or other relevant units and individuals, the defense lawyer may collect materials related to the case from him, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify the witness to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from him; It is worth noting that defense lawyers have no right to investigate and collect evidence at the investigation stage.