Legal analysis: The first stage: reporting the crime. After a criminal case occurs, if a victim or a third party reports the crime, the preparatory procedures for the criminal case will be started. The second stage: preliminary investigation by the police. After the public security organ accepts the report, the victim and the lawyer must cooperate with the public security organ to conduct a preliminary investigation. After ascertaining the key facts of the case, determine the basic criminal facts to decide whether to file the case. The third stage: filing the case, the case enters the investigation stage. After the preliminary investigation by the public security organ is completed, the victim and the lawyer should fully communicate with the investigation and legal departments of the public security organ based on the preliminary investigation results, and cooperate with the public security organ to officially establish the case as a criminal case and carry out investigation work. The fourth stage: The investigation is completed, the public security agency submits a "Prosecution Opinion", and the case enters the review and prosecution stage. The fifth stage: the procuratorate reviews the prosecution. After the investigation phase, the case enters the review and prosecution phase. After investigation, the public security agency extracts, fixes, and installs all the evidence in the case, and then transfers the case file to the Procuratorate, which will review the case and decide whether it is necessary to file a public prosecution in the People's Court. The sixth stage: the trial stage. After the court reviews the case brought by the procuratorate, if the criminal facts alleged in the indictment are clear, it should decide to open a trial. The court listens to the opinions of both the prosecution and the defense, and makes a judgment on the guilt or innocence of the defendant based on the ascertained facts, evidence and relevant provisions of the law.
Legal basis: Article 110 of the Criminal Procedure Law of the People's Republic of China. Any unit or individual who discovers criminal facts or criminal suspects has the right and obligation to file a complaint with the public security organ, the People's Procuratorate, or the People's Court. Report a crime or report.
Victims have the right to report and accuse criminal facts or criminal suspects that infringe upon their personal and property rights to the public security organs, people's procuratorates or people's courts.
The public security organs, people's procuratorates, and people's courts should accept any reports or accusations. If the case does not fall under one's own jurisdiction, the case shall be transferred to the competent authority, and the whistleblower, accuser, or whistleblower shall be notified; if the case does not fall within one's jurisdiction and emergency measures must be taken, emergency measures shall be taken first and then transferred to the competent authority.
Where criminals surrender to the public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 shall apply.