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, file a public prosecution with the people's court in accordance with the provisions of jurisdiction, and transfer the case files and evidence to the people's court.
The first is the process after the investigation organ reported the arrest.
After the criminal suspect is arrested by the investigation organ, the general detention time is 3 days, which can be extended to 1-4 days in complicated cases, and the criminal detention time for repeated crimes, fugitive crimes and gang crimes can be extended to 30 days. Before the expiration of criminal detention, the investigation organ transfers the case to the procuratorate for examination and approval, which is a criminal compulsory measure. Once the arrest is approved, the suspect will be sent to the detention center for custody. If the arrest is not approved, the investigation organ will change the compulsory measures for the criminal suspect, which are generally bail pending trial, and will handle residential surveillance under special circumstances. If some investigation organs refuse to accept it, they can reconsider or continue to supplement evidence and temporarily handle residential surveillance. However, if there is no suitable reason in the later stage, such as no evidence to prove that the parties constitute a crime, it is generally necessary to apply for bail pending trial.
After the procuratorate approves the arrest, it means that the procuratorate thinks that the party concerned constitutes a crime, and the time for examining and approving the arrest is only seven days. The general procuratorate will make a decision on the last day. Once arrested, the party detained in the detention center will continue to be detained, and the party released on bail will be sent to the detention center for detention.
On the other hand, it also means that the probability of prosecution by the procuratorate is very high, and the probability of innocence after arrest is extremely low. The procuratorate issues an arrest decision to the investigation organ, and the police handling the case of the investigation organ will go to the detention center to interrogate the suspect and inform the procuratorate that it has been arrested. Once the procuratorate approves the arrest, the pressure on the investigation organ will be much less. After all, even if it is a wrong case, the procuratorate will support it. If the procuratorate does not approve the arrest, it is likely that the procuratorate thinks that the party concerned does not constitute a crime, and it is also possible that even if it constitutes a crime, it does not have the necessity of detention and is less harmful to society. For example, in a fraud case, the victim lost 654.38 million yuan, the suspect returned the defrauded amount to the victim, and the victim issued a letter of understanding. In this case, there is generally no need to arrest. In 2065438+2009, a case suspected of causing trouble was handled. At that time, the investigation organ considered that it constituted a crime and submitted it to the procuratorate for arrest. At that time, I fully communicated with the prosecutor and submitted a legal opinion not to approve the arrest. I don't think it should constitute a crime. Later, after examination, the prosecutor also went to the detention center to interrogate the parties. Finally, after research, the procuratorate made a decision not to approve the arrest, and the investigation organ changed the compulsory measures to release the parties on bail pending trial, and finally restored their personal freedom. The case has not made any progress since it was released on bail pending trial, so it has been dropped.
Second, the process after the investigation by the procuratorate. As mentioned above, some parties will be arrested, some will not be arrested, some cases that have not been arrested will be acquitted, the investigation organ will dismiss the case or terminate the investigation, and some will not be dealt with for a long time after being released on bail, which is basically innocent. The investigation period after the arrest of a criminal case is generally two months, which can be extended by one month with the approval of the procuratorate at the next higher level. Cases that have not been arrested can be transferred by the investigation organ at any time, but generally it will not exceed one year, because the period of bail pending trial of the investigation organ is one year. The possible situations are as follows:
(a) the decision of the procuratorate not to prosecute.
The time for examination and prosecution after the transfer of the investigation organ is one month, which can be extended by 15 days if the situation is complicated. In this month's time, prosecutors need to read papers comprehensively, and the workload is very heavy. He can also collect evidence or bring the parties to court. After analysis and judgment, the procuratorate can make a decision not to prosecute. Non-prosecution can be divided into absolute non-prosecution, relative non-prosecution and doubt non-prosecution.
Absolute non-prosecution means that the prosecutor thinks that there is no criminal fact or that the criminal fact is not committed by the actor after research. In this case, the decision of absolute non-prosecution should be made; Relative non-prosecution means that after examining the case, the prosecutor thinks that the suspect constitutes a crime, but the circumstances of the crime are minor, so he can make a decision not to prosecute. For example, a suspect sold two bank cards and paid a settlement amount of 200,000 yuan, just past the starting point of punishment. This situation constitutes a crime of helping information network criminal activities, but because the circumstances are minor, he can make a decision not to prosecute. Not to prosecute in case of doubt means that the prosecutor finds that there is reasonable doubt in the case after studying the case, and there is still no way to eliminate the reasonable doubt after supplementary investigation. For example, if the suspect in a criminal case is caught by mistake, the prosecutor can make a decision not to prosecute in case of doubt.
(two) returned to the investigation organ for supplementary investigation.
After the investigation organ transferred the case to prosecution, the procuratorate found that the key evidence of the case had not been collected and the evidence was really insufficient. In this case, the prosecutor can return the case to supplementary investigation. Even if the general case is arrested for supplementary investigation, the probability of not prosecuting is very small. However, as a defense lawyer, if you think there is a problem with the case, you should take the initiative to apply, because in the stage of review and prosecution, defense lawyers can fully read the papers. However, for the parties who have not been detained or released on bail pending trial, once the case is returned to the investigation organ, it is likely that the evidence is insufficient. This situation may not be finally determined by supplementary investigation evidence. If this situation is found, communicate with the prosecutor in time, and may make a decision not to prosecute. The time limit for returning supplementary investigation is generally one month. The time for the procuratorate to review and prosecute is one month, which can be extended by 15 days. The procuratorate has the right to return the supplementary investigation twice, each time for one month. Every time the procuratorate returned the supplementary investigation outline, which is also the focus of defense lawyers' attention. We can get many arguments from returning the outline of supplementary investigation. (3) The public prosecutor persuades the parties to plead guilty and issues a confession and repentance.
Since the full implementation of the leniency system of pleading guilty, the situation of pleading guilty has always been an important assessment index for prosecutors. Therefore, in the stage of examination and prosecution, prosecutors should give priority to asking whether the parties plead guilty and give sentencing suggestions, and defense lawyers will also put forward different opinions according to the circumstances of the case. Sometimes the sentencing advice given by the prosecutor is too high, which does not conform to the law. The defense lawyer can communicate with the public prosecutor on the circumstances of a lighter punishment. As long as it conforms to the law, the prosecutor will appropriately reduce the sentence to achieve a balance, and the parties are willing to accept it. Once the parties sign the confession and repentance, the workload of the public prosecutor will be greatly reduced in the court trial stage. Therefore, in the stage of examination and prosecution, the procuratorate generally has to do the procedure of pleading guilty and admitting punishment. At present, confession and punishment apply to all criminal cases. (4) Transfer to the court for public prosecution.
After the investigation organ transfers the case to the procuratorate for examination and prosecution, if the procuratorate considers that the evidence of the case is really sufficient and meets the conditions for prosecution, it will transfer the case to the court for public prosecution. The next normal process is that the court will hold a session according to the schedule. It has just been mentioned that the court will simplify the process at the trial stage, but it cannot be taken lightly. It is also common that after the signing of the confession and repentance book, the parties think that the confession attitude is not good because of improper excuses, and then the confession and repentance book is revoked and a heavy sentence is imposed.
legal ground
Procedures for handling criminal cases by public security organs
Article 14 According to the provisions of the Criminal Procedure Law, criminal cases shall be under the jurisdiction of public security organs, except for the following circumstances:
(1) Cases of duty crimes under the jurisdiction of supervisory organs.
(2) Crimes such as illegal detention, extorting confessions by torture, and illegal search. Major criminal cases discovered by judicial staff during their legal supervision of litigation activities under the jurisdiction of the people's procuratorates, and committed by staff of state organs under the jurisdiction of public security organs decided by people's procuratorates at or above the provincial level using their functions and powers.
(3) Cases of private prosecution under the jurisdiction of the people's courts. The people's court directly accepts minor criminal cases in which the victim has evidence to prove that the prosecution is dismissed due to insufficient evidence. If the people's court transfers the case to the public security organ or the victim complains to the public security organ, the public security organ shall accept it; If the victim directly complains to the public security organ, the public security organ shall accept it.
(4) Crimes committed by soldiers in violation of their duties and criminal cases within the army under the jurisdiction of the military security department.
(5) Criminal cases in which criminals under the jurisdiction of prisons commit crimes in prisons.
(six) criminal cases occurred in the waters under the jurisdiction of our country outside the coastline of the sea (island) under the jurisdiction of the marine police department. Occurred in coastal ports, docks, beaches, berths and other areas, under the jurisdiction of the public security organs.
(seven) other criminal cases that should be under the jurisdiction of other organs as stipulated by laws and regulations.