The latest procedural provisions of public security organs in handling criminal cases

In handling criminal cases and criminal proceedings, the public security organs shall be responsible for the division of labor with the people's courts and people's procuratorates, cooperate with each other and restrict each other to ensure the accurate and effective implementation of the law. In criminal proceedings, public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law.

Legal analysis

1. Investigation stage: The public security organ may impose criminal detention on the flagrante delicto or major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. Second, the stage of examination and prosecution: when the people's procuratorate examines a 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. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time. 3. Trial stage: After the people's court has examined the case in which the public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and there is a list of evidence, a list of witnesses and a copy or photo of the main evidence, it shall decide to hold a trial. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.

legal ground

Procedures for handling criminal cases by public security organs

Article 42 The public security organ shall ensure that the defense lawyers engage in the following professional activities in accordance with the law during the investigation stage: (1) To learn from the public security organ about the crimes and cases suspected by the criminal suspect and put forward opinions; (two) to meet and communicate with the criminal suspect, and to understand the case from the criminal suspect; (3) Providing legal aid and acting as an agent for complaints and accusations against criminal suspects; (4) applying for changing the compulsory measures against criminal suspects.

Article 43 When interrogating a criminal suspect for the first time or taking compulsory measures against him, the public security organ shall inform the criminal suspect that he has the right to entrust a lawyer as a defender, and inform him that if he fails to entrust a defense lawyer due to financial difficulties or other reasons, he may apply for legal aid from a legal aid institution. Information should be recorded. If a criminal suspect in the same case entrusts the same defense lawyer, or if two or more criminal suspects who are not involved in the case but commit a crime entrust the same defense lawyer, the public security organ shall require them to change their defense lawyers.