1, filing a case means that the public security organ, the people's procuratorate and the people's court review the criminal's report, complaint, report and surrender materials, determine whether there are criminal facts that need to be investigated for criminal responsibility, and decide whether to file a case for investigation or trial according to law as a criminal case;
2. Investigation refers to the special investigation work and relevant compulsory measures taken by a specific judicial organ to collect, identify and confirm crimes and detain criminals according to law;
3. There are two kinds of prosecution, including public prosecution and private prosecution;
4, trial refers to the people's court in the prosecution, defense and other participants in the proceedings, in accordance with the statutory authority and procedures, the criminal cases brought by them in accordance with the law to try and judge the litigation activities;
5. Execution refers to the activities carried out by criminal execution organs in order to execute the contents determined by legally effective judgments and orders. In China, the subjects of criminal execution are people's courts, public security organs and prisons.
Extended data
Basic principles of criminal procedure:
(1) The power of investigation, prosecution and trial shall be exercised by specialized organs according to law.
Article 3 of the Criminal Procedure Law stipulates that the public security organs shall be responsible for the investigation, detention, execution and pre-trial of criminal cases; The people's procuratorate is responsible for procuratorial work and approves arrest, investigation and prosecution of cases directly accepted by procuratorial organs; The people's court is responsible for the trial.
Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers. In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
(2) People's courts and people's procuratorates independently exercise their functions and powers according to law.
Article 5 of the Criminal Procedure Law stipulates that the people's courts independently exercise judicial power in accordance with the law, and the people's procuratorates independently exercise procuratorial power in accordance with the law, without interference from administrative organs, social organizations and individuals. People's courts and people's procuratorates shall, in the process of independently exercising their functions and powers according to law, accept the leadership of the Communist Party of China (CPC), accept the supervision of people's congresses at all levels and report their work to them.
(3) The principle of division of responsibilities, mutual cooperation and mutual restriction.
Article 7 of the Criminal Procedure Law stipulates that in criminal proceedings, the people's courts, people's procuratorates and public security organs shall be responsible for the division of labor, cooperate with each other and restrict each other to ensure the accurate and effective implementation of the law.
(4) Criminal suspects and defendants have the right to be defended.
Article 1 1 of China's criminal procedure law stipulates that when the people's court hears a case, the defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended.
In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people as defenders. The defendant's right to defense and public prosecution shall be exercised from the date when the case is transferred for review. A defendant in a case of private prosecution may entrust a defender at any time.
(5) No one shall be found guilty without the judgment of the people's court.
Article 12 of China's Criminal Procedure Law stipulates that no one shall be found guilty without a judgment by the people's court according to law. That is, the power to determine the defendant's guilt is uniformly exercised by the people's court.
(6) No criminal responsibility shall be investigated under legal circumstances.
According to Article 15 of the Criminal Procedure Law, the circumstances in which criminal responsibility is not investigated include: the circumstances are obviously minor, the harm is not great, and it is not considered a crime according to the provisions of the Criminal Law; The crime has passed the limitation period for prosecution; Exempt from punishment through Amnesty; Failing to tell or withdraw a crime that should be dealt with according to the criminal law; The criminal suspect or defendant dies; Other laws provide for exemption from criminal responsibility.
Baidu encyclopedia-criminal proceedings