General procedure of criminal cases (defense)
According to the provisions of the Criminal Procedure Law, general criminal cases generally go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court).
File 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.
People's procuratorates have jurisdiction over crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes of infringing citizens' personal rights and crimes of infringing citizens' democratic rights by state functionaries using their powers.
The criminal cases directly accepted by the people's courts are:
1, telling to handle the case;
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.
Investigation:
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 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 the suspect is arrested, the lawyer hired can apply for bail pending trial.
Provided by China Criminal Defense Network.
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.
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.
Review 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.
Trial:
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.
Provided by China Criminal Defense Network.
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, the people's court made the following judgments according to the facts, evidence and relevant laws and regulations that have been ascertained:
(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 verdict 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:
(a) the original judgment found the facts and applicable laws correct, and the sentence was appropriate, so the appeal or protest was rejected and the original judgment was upheld;
(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.
Civil procedure
To file a lawsuit for divorce with the court, the parties must first submit a civil complaint to the court, and the complaint should state the claim, facts and reasons for divorce. (Article 1 10 of the Civil Procedure Law) After receiving the complaint, the people's court shall file a case within 7 days, notify the parties concerned, and send a copy of the complaint to the defendant within 5 days from the date of filing the case. The defendant submitted the defense within 15 days from the date of receipt. The people's court shall send a copy of the defense to the plaintiff within 5 days from the date of receiving the defense. The defendant's failure to submit a reply does not affect the trial of the case.
After the people's court determines the date of the hearing, it shall notify the parties three days before the hearing.
Regular court sessions.
After the court hears the case, mediation can be conducted. If mediation fails, a judgment shall be made according to law.
The people's court shall conclude the case within three months from the date of filing the case by applying summary procedure, and within six months from the date of filing the case by applying ordinary procedure. If there are special circumstances that need to be extended, it can be extended for 6 months with the approval of the hospital president; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
If a party refuses to accept the judgment of first instance, it shall appeal to the people's court at the next higher level within 05 days from the date of service of the judgment.
The appeal shall be submitted together with the appeal. The appeal shall be filed with the people's court that originally tried the case, and a copy shall be submitted. When the people's court of first instance receives the appeal, it shall serve a copy of the appeal to the other party within 5 days, and the other party shall submit a reply within 05 days from the date of receipt. The people's court shall, within 5 days from the date of receiving the reply, serve a copy on the appellant. If the other party does not reply, it will not affect the trial of the case. After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within 5 days.
The people's court of second instance shall form a collegial panel when hearing an appeal case. If the collegial panel deems it unnecessary to hold a court session, it may also make a judgment or ruling.
The people's court shall conclude an appeal case against the judgment within 3 months from the date of filing the case in the second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
The judgment or ruling of the people's court of second instance is final, and the parties may not appeal.
If a party considers that a legally effective judgment or ruling is wrong, it may apply to the people's court that originally tried the case or the people's court at the next higher level for retrial, but the execution of the judgment or ruling will not be suspended. The parties shall not apply for a retrial of the legally effective judgment of dissolution of marriage.
The procedure of administrative litigation is similar to that of civil litigation. If the prescribed procedure is incomplete, the provisions of the Civil Procedure Law shall apply.