According to the provisions of the Criminal Procedure Law, general criminal cases generally go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court).
Criminal procedure law
Article 150 After putting a case on file, the public security organ may, according to the needs of investigating crimes and through strict approval procedures, take technical investigation measures against crimes endangering national security, terrorist activities, organized crimes of underworld nature, major drug crimes or other crimes seriously endangering society.
After filing a case, the people's procuratorate may, according to the needs of investigating crimes and through strict approval procedures, take technical investigation measures and hand them over to the relevant authorities for execution in accordance with regulations.
To hunt down a criminal suspect or defendant who is wanted at large or whose arrest has been approved, the necessary technical investigation measures may be taken upon approval.
Article 151 The approval decision shall determine the types and applicable objects of technical investigation measures according to the needs of crime investigation. The approval decision is valid for three months from the date of issuance.
Those who do not need to continue to take technical investigation measures shall be lifted in time; For complex and difficult cases, if technical investigation measures need to be taken after the expiration of the time limit, the validity period may be extended after approval, and each time shall not exceed three months.
Article 171 When examining a case, a people's procuratorate must find out:
(a) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;
(two) whether there are any omission crimes and other persons who should be investigated for criminal responsibility;
(3) Whether criminal responsibility should be investigated;
(4) Whether there are incidental civil actions;
(5) Whether the investigation activity is legal.
Article 172 The People's Procuratorate shall make a decision on a case transferred for prosecution by a supervisory organ or a public security organ within one month. For major and complicated cases, it 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.
Article 173 When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and put them on record. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume.
If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his litigation agent on the following matters, and put them on record:
(1) Suspected criminal facts, charges and applicable legal provisions;
(2) Suggestions on a lighter, mitigated or exempted punishment;
(3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment;
(four) other matters that need to listen to opinions.
If the people's procuratorate listens to the opinions of the lawyers on duty in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the lawyers on duty to know the relevant situation of the case in advance.
Article 183 When trying a case of first instance, the basic people's court and the intermediate people's court shall be conducted by a collegiate bench 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.
Article 184 When the collegial panel deliberates, if there are differences of opinion, it shall make a decision according to the opinions of the majority, but the opinions of the minority shall be recorded in the record. The appraisal record shall be signed by the members of the collegial panel.
Article 185 After hearing and deliberation, the collegial panel shall make a judgment. For difficult, complicated and important cases, if the collegial panel considers it difficult to make a decision, it shall submit it to the president for decision and the judicial committee for discussion and decision. The collegial panel shall implement the decision of the judicial committee.
Extended data
Criminal procedure law
Article 277 The principle of education, probation and salvation shall be applied to minors who commit crimes, and the principle of giving priority to education and supplementing punishment shall be adhered to.
When handling juvenile criminal cases, the people's courts, people's procuratorates and public security organs shall ensure that minors exercise their litigation rights and obtain legal assistance, which shall be undertaken by judges, prosecutors and investigators who are familiar with the physical and mental characteristics of minors.
Article 278 If a juvenile criminal suspect or defendant fails to entrust a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to defend his appointed lawyer.
Article 279 When handling juvenile criminal cases, public security organs, people's procuratorates and people's courts may, according to the circumstances, investigate the growth experience, causes of crimes and guardianship education of juvenile suspects and defendants.
Article 280 The application of arrest measures to juvenile criminal suspects and defendants is strictly restricted. When the people's procuratorate examines and approves the arrest and the people's court decides to arrest, it shall interrogate the juvenile criminal suspect and defendant and listen to the opinions of the defense lawyer.
Minors and adults who are detained, arrested or punished shall be held separately, managed separately and educated separately.
China Government Network-People's Republic of China (PRC) Criminal Procedure Law