Investigation stage: The term of criminal detention of public security organs is generally 14 days, which can be extended to 37 days for cases of fugitive crime, multiple crimes and gang crimes.
The detention period after arrest is generally two months, and it can be extended for another month if the case is complicated. In addition, if you encounter a major criminal group case or commit crimes on the run, you can apply for an extension of two months, and if you may be sentenced to more than 10 years in prison, you can extend it for another two months.
Review and prosecution (procuratorate) stage: if the criminal suspect is detained, the people's procuratorate will handle the cases transferred by the public security organs for review and prosecution for 1 month, and the cases with more complicated cases will be 1.5 months. However, if supplementary investigation is conducted, the supplementary investigation period shall be one month, and the supplementary investigation shall be conducted twice at most, and the time limit for handling cases shall be recalculated after each supplementary investigation.
Trial stage: The duration of the first trial is generally one month, but not more than one and a half months at the latest. If the case is complicated, it can be concluded within two and a half months. The trial period of summary procedure is 20 days. The trial period of second instance is generally one month, and no later than one and a half months. If the case is complicated, it can be concluded within two and a half months.
Extended data:
Criminal case handling process
1, 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.
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.
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.
2. 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.
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.
Step 3 test
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. 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;
The process of handling criminal cases is still very complicated, and no mistakes can be made in every link, because mistakes can easily lead to unjust, false and wrong cases, which will have a great impact on the image of state organs and the fairness and justice of the judiciary.
References:
Baidu Encyclopedia-Procedures for Public Security Organs to Handle Criminal Cases