With reference to Article 115 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organs investigate criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
According to Article 156 of the Criminal Procedure Law of People's Republic of China (PRC), the period of investigation and detention of a criminal suspect after 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.
According to Article 157 of the Criminal Procedure Law of People's Republic of China (PRC), if a particularly serious and complicated case cannot be tried 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.
Referring to Article 158 of the Criminal Procedure Law of People's Republic of China (PRC), if the investigation cannot be concluded after the expiration of the time limit stipulated in Article 156 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) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
According to the provisions of Article 159 of the Criminal Procedure Law of People's Republic of China (PRC), a criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years. If the investigation cannot be concluded after the extension period stipulated in Article 158 of this Law expires, 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.
With reference to Article 160 of the Criminal Procedure Law of People's Republic of China (PRC), if a criminal suspect is found to have committed other major criminal acts during the investigation, the period of investigation detention shall be recalculated according to the provisions of Article 156 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, his identity shall be investigated, and 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, the evidence is true and sufficient, and it is really impossible to find out his identity, he can also sue and try according to his self-reported name.
Referring to Article 162 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organ shall ensure that the facts of the crime are clear, 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; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.
If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.
Referring to Article 172 of the Criminal Procedure Law of People's Republic of China (PRC), the people's procuratorate shall make a decision within one month on the case transferred for prosecution by the supervisory organ or the public security organ, and the major and complicated case 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.
Extended data
According to the provisions of Article 170 of the Criminal Procedure Law of People's Republic of China (PRC), the people's procuratorate shall examine the cases transferred for prosecution by the supervisory organs in accordance with the relevant provisions of this Law and the Supervision Law. If the people's procuratorate considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may make supplementary investigation on its own if necessary.
The people's procuratorate shall first detain the criminal suspect in the case that the supervisory organ has transferred for prosecution, and the lien measures shall be automatically lifted. The people's procuratorate shall, within ten days after detention, make a decision on whether to arrest, get a bail pending trial or monitor residence. Under special circumstances, the decision time can be extended by one to four days. The period when the people's procuratorate decides to take compulsory measures shall not be counted in the period of examination and prosecution.
According to the provisions of Article 171 of the Criminal Procedure Law of People's Republic of China (PRC), when examining a case, the 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.
According to Article 173 of the Criminal Procedure Law of People's Republic of China (PRC), 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 record them. 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.
Referring to Article 175 of the Criminal Procedure Law of People's Republic of China (PRC), when examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, he may be required to explain the legality of collecting evidence. When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation.
A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution. If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.
With reference to Article 176 of the Criminal Procedure Law of People's Republic of China (PRC), 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 on prosecution, bring a public prosecution to the people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court.
If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law