1, specific process of private prosecution case: the victim brings a lawsuit to the people's court, and the people's court hears it, making a guilty or innocent judgment, and finally handing it over to the executive organ for execution;
2. Specific process of public prosecution case: the investigation organ files a case for investigation, considers that the criminal suspect is suspected of committing a crime, files a public prosecution with the people's procuratorate, puts forward the prosecution opinions, and attaches the evidence of the whole case to file a public prosecution.
The arraignment mainly has the following three tasks:
1. Supplementary file review and comprehensive evidence review. On the basis of reviewing the case files, conduct a comprehensive evidence review around the confessions and excuses of criminal suspects. It is necessary to find the contradiction between confession and other evidence or proven facts through interrogation, and then eliminate the contradiction found through examination;
2, the suspect's confession and the defense of the physical examination. The examination and prosecution is mainly written examination, and interrogating the criminal suspect provides us with an opportunity to examine the authenticity of the confession face to face. Compared with written examination, arraignment can examine the confession more intuitively, not only through the substance of the confession, but also through the various performances of the suspect in the process of testifying.
3, contact, understand, familiar with the suspect, to prepare for the trial. The arraignment can be regarded as a rehearsal before the trial. The undertaker should fully contact the criminal suspect through arraignment, understand the criminal suspect's psychological attitude towards the accusation, the reasons for defending the accused facts and charges, the language characteristics and habits, and more importantly, explore the possible controversial focus of the case through arraignment, so as to make comprehensive preparations for supporting the public prosecution in court.
legal ground
Article 139 of the Criminal Procedure Law of People's Republic of China (PRC), 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. Interrogating the criminal suspect according to law in the stage of examination and prosecution is the arraignment referred to in this paper, also known as prosecution.