How many stages are there in criminal proceedings? What problems should we pay attention to?

In China, criminal litigation refers to the activities of people's courts, people's procuratorates and public security organs to solve the criminal responsibility of criminal suspects and defendants in accordance with the procedures prescribed by law with the participation of parties and other participants in litigation.

Criminal proceedings can be divided into the following stages:

First, file a case

Public security organs, people's procuratorates and courts may file criminal cases. Sources of filing materials include: 1. Criminal facts directly discovered by public security organs or people's procuratorates or criminal clues obtained; 2. report the case; 3.(0 units or individuals) report; 4. allegations; 5. The criminal surrenders and the private prosecutor prosecutes. Lawyers involved in criminal proceedings are welcome to call the national free consultation hotline for criminal defense lawyers: 400-6262- 163.

Second, investigation

"Investigation" refers to the special investigation work and relevant compulsory measures carried out by public security organs and people's procuratorates in the process of handling cases according to law. It is worth noting here that the criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders.

Three. prosecute

China's criminal prosecution mechanism is based on public prosecution, supplemented by private prosecution. Cases investigated by public security organs will be transferred to the people's procuratorate for review and prosecution after the investigation is completed. Before the court trial, it usually needs to be reviewed by the procuratorate.

According to Article 172 of the Criminal Procedure Law, 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, file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court.

Fourth, the trial

The court shall hear the case transferred to public prosecution in accordance with the trial procedure and make a corresponding judgment. The criminal proceedings in China are of second instance and final instance.

Verb (abbreviation of verb) trial supervision procedure

If the people's courts and people's procuratorates find errors in ascertaining the facts or applying the law in a legally effective judgment or ruling, they shall raise them and the people's court shall retry them.