According to the provisions of the "Criminal Procedure Law", general criminal cases go through three stages, namely the investigation stage (public security organs), the review and prosecution stage (People's Procuratorate) and Trial stage (People's Court).
1. Investigation stage:
The public security organs may criminally detain current criminals or major suspects. Detainees should be questioned within 24 hours of detention. After the criminal suspect is interrogated for the first time 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 and represent him in appeals and accusations. Retained lawyers have the right to learn from the investigation agencies about the crimes suspected of criminal suspects, and can meet with criminal suspects in custody to learn about the relevant cases from criminal suspects.
If the public security organ deems it necessary to arrest the detainee, it shall submit the matter to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the time for submission for review and approval may be extended by 1 to 4 days. For major suspects who commit crimes on the run, are repeat offenders, or commit crimes in groups, the time limit for requesting review and approval for arrest can be extended to 30 days. The People's Procuratorate shall make a decision on approving or disapproving the arrest within seven days from the date of receipt of the request from the public security organ to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security organ shall release the criminal suspect immediately upon receiving the notice and promptly notify the People's Procuratorate of the implementation status. 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.
After a criminal suspect is arrested, the lawyer hired can apply for release on bail pending trial.
After a criminal suspect is arrested, the period of detention by the public security organs shall not exceed two months. If the case is complex and the investigation cannot be concluded upon expiration of the time limit, it may be extended by one month with the approval of the People's Procuratorate at the next higher level.
For cases whose investigation has been completed, the public security organs should ensure that the criminal facts are clear and the evidence is reliable and sufficient. They should write a prosecution opinion, together with the case file materials and evidence, and transfer it to the People's Procuratorate at the same level for review and decision.
The second is the review and prosecution stage:
When the People's Procuratorate reviews a prosecution 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.
In public prosecution cases, the criminal suspect has the right to entrust a defender from the date the case is transferred for review and prosecution. 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. The People's Court shall, within three days from the date of accepting a private prosecution case, notify the defendant of the right to entrust a defender.
From the date of review and prosecution of the case by the People's Procuratorate, defense lawyers can review, excerpt, and copy the litigation documents and technical appraisal conclusion materials of the case, and can 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.
Third, the trial stage:
If the people’s court has clear facts about the crime charged in the indictment and attaches the evidence catalog, witness list, and copies or photos of the main evidence, it shall A trial was decided after a review of the prosecution. Except for cases involving state secrets and personal privacy, people's courts shall hear first-instance cases in public.
From the day the People's Court accepts the case, defense lawyers may review, excerpt, and copy materials related to the criminal facts charged in this case, and may meet with and correspond with defendants in custody. During the trial, the defense lawyer defends the defendant.
When hearing a public prosecution case, the people's court shall pronounce a judgment within one month after accepting the case, and no later than one and a half months. If one of the circumstances specified in Article 163 of the Criminal Procedure Law occurs, it may be extended for one 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 a hearing, the People's Court shall make the following judgment based on the ascertained facts, evidence and relevant legal provisions:
(1) The facts of the case are clear and the evidence is reliable and sufficient. If the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a not guilty verdict shall be made;
(3) The defendant is in court The defense opinions put forward during the trial shall be adopted within thirty days after the end of the trial;
(4) The defense opinions put forward by the defendant during the trial shall be adopted within thirty days after the end of the trial. It shall be adopted within thirty days;
(5) The defense opinions put forward by the defendant during the trial shall be adopted within thirty days after the end of the trial.