Criminal case flow 1. Filing a case: When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction. The People's Procuratorate has jurisdiction over the crimes of corruption and bribery, dereliction of duty by state functionaries, illegal detention, extorting confessions by torture, retaliation and framing, and illegal search by state functionaries. The criminal cases directly accepted by the people's courts are: 1, and the cases are handled only after being informed; 2. The victim has evidence to prove a minor criminal case; Including intentional injury (minor injury), bigamy, abandonment, obstruction of freedom of communication, illegal intrusion into other people's houses, production and sale of fake and inferior commodities (except those that seriously endanger social order and national interests), infringement of intellectual property rights (except those that seriously endanger social order and national interests) and other minor criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, the defendant may be sentenced to fixed-term imprisonment of not more than three years. 3. Cases in which the victim has evidence to prove that the defendant has violated his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant. Other criminal cases except those under the jurisdiction of the people's procuratorate and directly accepted by the people's court shall be under the jurisdiction of the public security organs. 2. Investigation: 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. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law. If a criminal suspect is arrested, the criminal defense lawyer hired may apply for bail pending trial. The public security organ shall not detain a criminal suspect for more than two months after his arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level. Major and complicated cases belonging to remote areas with very inconvenient transportation or criminal groups, major and complicated cases involving fugitive crimes or major and complicated cases involving a wide range and difficulties in obtaining evidence may be extended for two months with the approval or decision of the provincial people's procuratorate. If the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, it may be extended for another two months with the approval or decision of the provincial procuratorate. In the process of investigation, if the suspect is found to have other important criminal acts, the period of investigation and detention shall be recalculated from the date of discovery. When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence. Three. Examination and prosecution: When examining a case, the people's procuratorate shall 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. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender. Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month. 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 and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction. 4. Trial: After the people's court has examined the case in which public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, 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. Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant. When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government. After hearing the case in court, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations: (1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty judgment shall be made; (2) If the defendant is found innocent according to law, a verdict of innocence shall be made; (3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence. Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The time limit for appeal and protest against the judgment is ten days. The people's court of second instance shall form a collegial panel when hearing an appeal case. After reading the papers, interrogating the defendant and listening to the opinions of other parties, defenders and agents ad litem, the collegial panel may not hold a hearing if the facts are clear. After hearing the case of appeal or protest against the judgment of first instance, the people's court of second instance shall handle it separately according to the following circumstances: (1) If the original judgment finds the facts and applicable laws correct and the sentence is appropriate, it shall rule to reject the appeal or protest and uphold the original judgment; (two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised; (3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial. The judgments and rulings of the second instance and the Supreme People's Court are final. The defendant cannot appeal. If you are not satisfied with the judgment, you can only complain to the relevant authorities according to law. These are Bian Xiao's answers to relevant questions. If you need to know more legal knowledge, you are welcome to enter the network for legal consultation.
Legal objectivity:
Article 109 of the Criminal Procedure Law of People's Republic of China (PRC), when a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction. Article 176 of the Criminal Procedure Law of People's Republic of China (PRC), 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 on prosecution, bring a public prosecution to the people's court in accordance with the provisions of judicial jurisdiction, and transfer the case files and evidence to the people's court.