How to apply for refusing to commit a crime in China?

The difficulty of civil execution has brought great trouble to the judicial organs and creditors in China. After a long period of civil litigation, creditors may eventually have to sue the parties for refusing to execute through criminal courts to protect their rights. The whole process of applying for refusing to commit a crime is to report the case to the public security organ first, then the public security organ collects the evidence of refusing to commit a crime, and then the procuratorate carries out prosecution and finally carries out a trial. How to apply for refusing to commit a crime in China? 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). 1. Investigation stage: The public security organ may impose criminal detention on the flagrante delicto or major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may, after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken, hire a lawyer to provide him with assistance and represent him in his complaints and accusations. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. 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. If the suspect is arrested, the lawyer hired can apply for bail pending trial. The public security organ shall not detain a criminal suspect for more than two months after his arrest. 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. When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence. Second, the stage of examination and prosecution: when the people's procuratorate examines a case, it should interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender. Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month. If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction. 3. Trial stage: After the people's court has examined the case in which the public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and there is a list of evidence, a list of witnesses and a copy or photo of the main evidence, it shall decide to hold a trial. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public. Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant. When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government. After hearing the case in court, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations: (1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty judgment shall be made; (2) If the defendant is found innocent according to law, a verdict of innocence shall be made; The process of applying for refusing crime is actually the whole investigation process of general criminal cases, but it is difficult to apply for refusing crime in actual operation. Because at present, there is no uniform regulation in the judicial circles on whether to report the crime of refusing to take office directly to the public security organ or to file a criminal private prosecution. If the case is reported to the public security organ first, the whole investigation process of refusing to take office will be carried out in accordance with the Criminal Procedure Law.