The procedures for handling cases by public security organs are as follows:
1. Initial police investigation. After the public security organ accepts the report, the victim and lawyer shall cooperate with the public security organ to carry out the preliminary investigation, and after finding out the facts of the key case, determine the existence of basic criminal facts in this case to decide whether to file a case;
2. When the case enters the investigation stage, after the initial investigation by the public security organ, the victim and lawyer should fully communicate with the investigation and legal department of the public security organ according to the results of the initial investigation, and cooperate with the public security organ to formally establish the case as a criminal case for investigation;
3. After the investigation, the public security organ put forward the prosecution opinion, and the case entered the stage of examination and prosecution;
4. The prosecution stage of the procuratorate. After the investigation stage, the case will enter the prosecution stage. After the investigation, the public security organ will extract, fix and file all the evidence materials of the case, and then transfer 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;
5. After the procuratorial department has reviewed the prosecuted case, if there are clearly accused criminal facts in the indictment, the court shall decide to hold a hearing. The court will listen to the opinions of both the prosecution and the defense, and make a guilty or innocent judgment on the defendant according to the facts, evidence and relevant legal provisions.
The methods for applying for hearing criminal cases in different places are as follows:
1. If the basic people's court requests to be transferred to the intermediate people's court for trial, it shall submit a written request for transfer 15 days before the expiration of the trial period, after the collegial panel reports to the president for decision;
2. The Intermediate People's Court shall make a decision within 10 days after receiving the transfer application. If the intermediate people's court does not agree to the transfer, it shall issue a decision not to transfer to the grassroots people's court, which shall hear it according to law. If it agrees to transfer, it shall issue a written decision to the basic people's court and notify the people's procuratorate at the same level in writing;
3. After receiving the decision of the superior people's court to agree to transfer, the basic people's court shall notify the people's procuratorate at the same level and the parties concerned, and return the prosecution materials to the people's procuratorate at the same level.
To sum up, the public security organs review the relevant materials of the case, make reasonable disposal according to the specific circumstances of the case, and file a public prosecution with the people's court.
Legal basis:
Article 3 of the Criminal Procedure Law of People's Republic of China (PRC)
Public security organs are responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.