According to the provisions of the Criminal Procedure Law, general criminal cases generally go through three stages, namely the investigation stage (public security organs), the review and prosecution stage (People's Procuratorate), and the trial stage (People's Court).
1. Investigation stage:
The public security organs may criminally detain current offenders or major suspects. Detainees must be questioned within 24 hours of detention. After the first interrogation by the investigative agency or from the date when compulsory measures are taken, a criminal suspect may hire a lawyer to provide him with legal advice, appeals and accusations. The entrusted lawyer has the right to learn from the investigation agency about the charges against the criminal suspect, meet with the criminal suspect in custody, and learn from the criminal suspect about the relevant situation.
If the public security organ deems it necessary to arrest a detained person, it shall submit the matter to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the approval time may be extended by one to four days. For major suspects who commit crimes on the fly, commit crimes multiple times, or conspire to commit crimes, the time for review and approval can be extended to 30 days. The People's Procuratorate shall make a decision to approve or disapprove the arrest within seven days after receiving the approval letter from the public security organ. If the People's Procuratorate does not approve the arrest, the public security organ shall release the person immediately upon receiving the notice and promptly notify the People's Procuratorate for execution. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law.
If the criminal suspect is arrested, the hired lawyer can apply for release on bail pending trial.
The period of investigation and detention by the public security organs after arresting a criminal suspect shall not exceed two months. If the case is complex and cannot be concluded within the time limit, it may be extended by one month with the approval of the People's Procuratorate at the next higher level.
When investigating a closed case, the public security organ shall ensure that the criminal facts are clear and the evidence is reliable and sufficient, write a prosecution opinion, and transfer it together with the case file materials and evidence to the People's Procuratorate at the same level for review and decision.
2. Review and Prosecution Stage:
When reviewing a case, the People's Procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim.
From the date the case is transferred for review and prosecution, the criminal suspect has the right to entrust a defender. The defendant in a private prosecution case has the right to entrust a defender at any time.
The People’s Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. Within three days from the date of accepting a private prosecution case, the People's Court shall inform the defendant of the right to entrust a defender.
From the date the People’s Procuratorate examines the prosecution case, defense lawyers may review, excerpt, and copy the litigation documents and technical appraisal materials of the case, and may meet and communicate with criminal suspects in custody.
The People's Procuratorate shall make a decision within one month on cases transferred for prosecution by the public security organs. For major and complex cases, the extension can be extended by half a month.
If the People's Procuratorate believes that the criminal suspect's criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated in accordance with the law, it shall make a decision to prosecute and file a public prosecution in the People's Court in accordance with the provisions of trial jurisdiction.
3. Trial stage:
After the People's Court examines the case for public prosecution, if the criminal facts alleged in the indictment are clear and accompanied by the evidence catalog, witness list and main evidence copies or photos of the evidence, a decision should be made to hold a court hearing. Except for cases involving state secrets or personal privacy, the people's courts hear first-instance cases in public.
Since the People's Court accepted the case, the defense lawyer can review, excerpt, and copy the materials charging the criminal facts in the case, and can meet and communicate with the defendant in custody. At trial, the defense attorney defends the defendant.
When a people's court hears a public prosecution case, it shall pronounce a judgment within one month after accepting the case, and no more than one and a half months at the latest.
If one of the circumstances stipulated in Article 156 of the Criminal Procedure Law occurs, it may be extended for another month with the approval or decision of the Higher People's Court of the province, autonomous region or municipality directly under the Central Government.
After trial, the People's Court made the following judgments based on the ascertained facts, evidence and relevant legal provisions:
(1) The facts of the case are clear, the evidence is reliable and sufficient, and the case is in accordance with the law. If the defendant is found guilty, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a not guilty verdict shall be made;