specially invited guest of honour
Lawyer Li Zhiguang.
Lawyer Li Zhiguang sponsored the lawyer.
Beijing Du Jing lawyer office
Consulting TA
If there is no evidence for a long time, let people go. Supplementary reconnaissance is generally handed over to the police by the people's procuratorate, which means that the procuratorate is the main police to carry out it. Supplementary reconnaissance shall not exceed two times, and the time limit for each time is one month, counting from the date of transfer by the procuratorate. When the supplementary investigation fails, only the people's procuratorate withdraws the prosecution. Defendants are usually not locked up.
First, what should I do if the investigation has been filed for more than one year without results?
Supplementary reconnaissance is generally handed over to the police by the people's procuratorate, which means that the procuratorate is the main police to carry out it. Supplementary reconnaissance shall not exceed two times, and the time limit for each time is one month, counting from the date of transfer by the procuratorate. When the supplementary investigation fails, only the people's procuratorate withdraws the prosecution. Defendants are usually not locked up. Not released. Unless the prosecution has been closed and dropped, people will naturally be released.
Second, what is case investigation?
Filing a case refers to a litigation activity in which the public security and judicial organs, according to their respective jurisdictions, examine the materials of the private prosecutor's report, accusation, report, surrender and prosecution, and think that criminal facts have occurred and need to be investigated for criminal responsibility, and decide to investigate or try a criminal case.
After reviewing criminal cases or civil disputes, the judicial organs decide to classify them as litigation cases for investigation or trial, which is the initial stage of litigation activities. Generally, it includes criminal filing, administrative filing and civil filing.
Three. The Criminal Procedure Law of People's Republic of China (PRC) stipulates that filing a case must meet two conditions:
1, criminal facts exist.
2 criminal facts shall be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility shall not be investigated, the case cannot be filed.
In any of the following circumstances, criminal responsibility shall not be investigated and the case shall not be filed; If the investigation has been completed, the case shall be dismissed, or no prosecution shall be instituted, or the case shall be declared innocent.
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime.
(2) The crime has passed the limitation period.
(3) Being exempted from punishment by amnesty.
(4) Failing to tell or withdrawing from telling a crime without trial or prosecution according to the provisions of the Criminal Law.
(5) The defendant has died.
6. Other laws and regulations exempt from criminal responsibility.
The judicial organ shall, within its jurisdiction, examine the materials of accusation, accusation or surrender. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the complainant and prosecutor shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department. Those who meet the conditions for filing a case shall be placed on file. After filing the case, the public security organs and people's procuratorates began to investigate general cases; Cases of private prosecution are directly tried by the people's courts; If there are no criminal facts, or criminal responsibility should not be investigated according to law, the case shall not be filed. If the people's court receives a complaint or oral prosecution and finds it acceptable after examination, it shall file a case within seven days; If it considers that it should not be accepted, it shall notify the plaintiff within 7 days and explain the reasons.
After an illegal act occurs, the public security organ will also file a case for investigation of the criminal act. In the investigation, it is also necessary to have the evidence of the crime and the information of the criminal suspect. At the same time, it is also necessary to complete the investigation within the prescribed time limit after the investigation is filed. If the case does not have enough evidence and materials for a long time, it will also end the case and release the suspect.