The procedure for handling criminal cases is:
1, accepted. The criminal investigation department shall immediately accept citizens' reports, complaints and reports or the surrender of criminal suspects, and make transcripts and criminal case acceptance registration forms;
2. file a case;
3. investigation. The criminal investigation department shall investigate the criminal cases that have been filed;
4, transferred to the procuratorate for review and prosecution;
5. The procuratorate initiates a public prosecution;
6. The court hears the judgment.
Criminal procedure of public security organs:
1. The public security organ shall, within its jurisdiction, timely review the materials of accusation, complaint and report, and if it thinks that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case;
2. Request the procuratorate to approve the arrest;
3, for the investigation of the end of the case, transferred to the procuratorate for review and prosecution;
4. The procuratorate brings a public prosecution to the court;
5. The court makes a judgment according to law.
The procedures for handling criminal cases by public security organs are as follows:
1, investigation stage:
The public security organ may impose criminal detention on an active criminal or a 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, and can meet the criminal suspect in custody and get 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 by gangs, the time for reporting for examination and approval can be extended to 30 days;
2, review and prosecution stage:
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 the case of private prosecution, inform the defendant of the right to entrust a defender;
3. Trial stage:
After the people's court has examined the case in which a 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 hearing. 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.
To sum up, it means that the case handled as a criminal case has not been filed, but it has been initially accepted for investigation as a criminal case.
Legal basis:
Article 107 of the Criminal Procedure Law of People's Republic of China (PRC)
The service of subpoenas, notices and other litigation documents shall be delivered to the addressee himself; If I am not here, I can give it to his adult family or the person in charge of the unit to collect it.
If the addressee himself or his agent refuses to accept or sign or seal, the addressee may invite his neighbors or other witnesses to be present, explain the situation, leave the document at his residence, record the reasons for refusal and the date of delivery on the service receipt, and the addressee will sign it, which means delivery.
Article 172
The people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month, and the major and complicated cases may be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.
If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.