1. After the client was arrested by the Public Security Bureau, the Public Security Bureau thought that the client was suspected of committing a crime and needed to be investigated for criminal responsibility.
2. Investigation stage. In the investigation stage, the public security bureau takes compulsory measures such as summons, bail pending trial, residential surveillance, detention and arrest. Among them, the longest period of criminal detention is 37 days, and the period of investigation and detention of criminal suspects after arrest is generally 2 months.
3. Review and prosecution stage. In other words, the case was handed over from the public security bureau to the public prosecution department of the procuratorate and entered the stage of examination and prosecution.
First, how to file a criminal case
There are three criteria for filing a criminal case, namely:
1, which, after investigation, is found to have criminal facts and needs to be investigated for criminal responsibility;
2. The case is under the jurisdiction of the public security organ;
3, approved by the person in charge of the public security organ at or above the county level.
What is the process of the criminal investigation stage?
1. The public security organ may impose criminal detention on the flagrante delicto or 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, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect;
2. 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;
3. If the suspect is arrested, the lawyer hired can apply for bail pending trial;
4, the public security organs of the criminal suspect after the arrest of the investigation detention period shall not exceed two months. If the case is complicated and the time limit cannot be ended, it may be extended for one month with the approval of the people's procuratorate at the next higher level;
5, the public security organs to investigate the end of the case, it should be clear about the facts of the crime, the evidence is true and sufficient, write a prosecution opinion, together with the case files and evidence, transferred to the people's procuratorate at the same level for examination and decision.
Second, what is the handling process of the public security organs in the investigation stage?
1, accept the case. The public security organ shall make a registration form for accepting criminal cases after accepting and inquiring about citizens' handing in, reporting, accusing, reporting or criminal suspects' surrender. If, after examination, it is not serious enough for criminal punishment and needs administrative treatment, it shall be dealt with according to law, and criminal responsibility shall be investigated, and a criminal filing report shall be made according to the jurisdiction.
2. Proof of criminal cases filed for investigation by public security organs.
(1) Collect evidence;
(2) Interrogating the criminal suspect;
(3) questioning witnesses;
(4) to make an inquest and inspect the crime scene;
(5) search;
(6) sealing up or detaining material evidence and documentary evidence.
3. Compulsory measures can be taken in the investigation stage. Such as summons, bail pending trial, residential surveillance, detention and arrest.
4. The investigation is over. After investigation, if the public security organ finds that the criminal suspect does not constitute a crime and has taken compulsory measures, it shall release him and issue a certificate. Suspected of committing a crime, the public security organ shall, after the investigation is completed, promptly transfer the case to the people's procuratorate for examination and prosecution.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 154 The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. 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.
Article 155 For particularly serious and complicated cases that cannot be submitted for trial for a long time due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Article 156 If the investigation of the following cases cannot be concluded at the expiration of the time limit stipulated in Article 154 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Article 157 A criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years. If the extended period stipulated in Article 156 of this Law expires and the investigation is terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government.
Article 158 In the course of investigation, if a criminal suspect is found to have committed other major criminal acts, the time limit for investigation and detention shall be recalculated from the date of discovery in accordance with the provisions of Article 154 of this Law.