In criminal cases, there is no limit to the number of times the investigation department makes interrogation records, and there is no objection to the facts. The general investigation department will not retry, but there are new circumstances that can be retried. The next step is that both the procuratorial department and the judicial department should take notes, and the case can be interrogated again if it is complicated.
Criminal cases refer to cases in which criminal suspects and defendants are accused of violating social relations protected by criminal law, and the state conducts investigation, trial and criminal sanctions in order to investigate the criminal responsibility of criminal suspects and defendants.
In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.
The flow of criminal cases is as follows:
1, investigation, most criminal cases are investigated by public security organs, and very few cases are investigated by procuratorates. Here only talk about the problem of public security investigation. When a public security organ finds a criminal act, it shall file a case for investigation, and it shall be examined when it receives a report. If it is found that it may constitute a crime after examination, it shall be put on file for investigation;
2. Review the prosecution. After the investigation stage, the case entered the stage of examination and prosecution. After investigation, the public security organ extracts, fixes and files all the evidence materials of the case, and then transfers the case file to the procuratorate, which will review the case and decide whether it is necessary to bring a public prosecution to the people's court;
3. At the trial stage, the procuratorial organ, after examination, thinks that the criminal facts of the suspect are clear and the evidence is really sufficient, it will initiate a public prosecution in the people's court, transfer the file to the court, and submit an indictment to the court at the same time.
After the case appears in court, the defender should get in touch with the judge in charge of the trial in time, submit the entrustment formalities, receive the indictment, and organize the defense viewpoint according to the charges charged in the indictment and the facts of the case. At the trial stage, the suspect was renamed as the defendant. The most important link at this stage is the trial.
Article 111 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Reports, complaints and reports can be made in writing or orally. The staff who accept the oral report, complaint or report shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being correctly read out.