Those who should be informed of the filing of criminal casesAccording to the relevant laws and regulations of our country, in order to encourage the crackdown on illegal and criminal activities, citiz
Those who should be informed of the filing of criminal casesAccording to the relevant laws and regulations of our country, in order to encourage the crackdown on illegal and criminal activities, citizens can report illegal activities to the public security organs. After the public security organs accept the case, they will proceed with the case. During the investigation, if the conditions for filing a case are met, the case will be filed. So who will be notified of the filing of a criminal case? The following is an introduction to the relevant content. 1. Notice of filing of a criminal case to the person to be notified of the filing of the criminal case is generally given to the person who reported the case. The public security organs will quickly review reports, accusations, reports and surrender materials according to their jurisdiction. If they believe that there are criminal facts that require criminal liability, they should file a case. After the case is filed, a case notification letter will be sent to the reporter. If there is a whistleblower, the public security organ will notify the whistleblower whether the case is filed or not, but generally the whistleblower will not be notified. 2. How to proceed in criminal cases (1) Case filing: If the public security organs or People’s Procuratorate discover facts or criminal suspects, they shall file a case for investigation within the scope of their jurisdiction. The People's Procuratorate has jurisdiction over crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes that infringe upon citizens' personal rights such as illegal detention, torture, retaliation and frame-up, and illegal searches carried out by state functionaries taking advantage of their powers, as well as crimes that infringe on citizens' democratic rights. (2) Investigation: The public security organs may criminally detain current offenders or major suspects. Detainees should be questioned within 24 hours of detention. After the criminal suspect is interrogated for the first time by the investigation agency or from the date when compulsory measures are taken, he or she may entrust a lawyer to provide him with legal advice and represent him in making appeals and accusations. The entrusted lawyer has the right to learn from the investigation agency about the suspect's alleged crime, and can meet with the criminal suspect in custody to learn about the case from the criminal suspect. If the public security organ believes that the detainee needs to be arrested, it shall submit it to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the time for submission for review and approval may be extended by 1 to 4 days. For major suspects who commit crimes on the run, are repeat offenders, or commit crimes in groups, the time limit for requesting review and approval for arrest can be extended to 30 days. The People's Procuratorate shall make a decision on approving or disapproving the arrest within seven days from the date of receipt of the request from the public security organ to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security organs shall release the criminal suspect immediately upon receiving the notice and promptly notify the People's Procuratorate of the implementation status. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law. After a criminal suspect is arrested, the hired criminal defense lawyer can apply for release on bail pending trial. The period of investigation and detention by the public security organs after arresting a criminal suspect shall not exceed two months. If the case is complex and the case cannot be closed upon expiration of the time limit, it may be extended by one month with the approval of the People's Procuratorate at the next higher level. Major and complex cases belonging to remote areas with inconvenient transportation, or major group crime cases, or major and complex cases in which crimes are committed on the fly, or major and complex cases with complex criminal facts and difficulty in obtaining evidence, may be extended for two months upon approval or decision of the provincial people's procuratorate. months; if a criminal suspect may be sentenced to fixed-term imprisonment of more than ten years or a higher penalty, it may be extended by two months with the approval or decision of the provincial people's procuratorate. It can be extended for two months with the approval or decision of the provincial people's procuratorate. During the investigation, if it is discovered that the criminal suspect has other major criminal facts, the period of investigation and detention will be recalculated from the date of discovery. For cases whose investigation has been completed, the public security organs shall ensure that the criminal facts are clear and the evidence is reliable and sufficient. They shall write a prosecution opinion, together with the case file materials and evidence, and transfer it to the People's Procuratorate at the same level for review and decision. (3) Review and prosecution: When the People's Procuratorate reviews and prosecutes a case, it shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect, and the person entrusted by the victim. In public prosecution cases, from the date the case is transferred for review and prosecution, the criminal suspect has the right to entrust a defender. The defendant in a private prosecution case has the right to entrust a defender at any time. The People's Procuratorate shall inform the criminal suspect of the right to entrust a defender within three days from the date of receipt of the case materials transferred for review and prosecution. Within three days from the date of accepting a private prosecution case, the People's Court shall inform the defendant of the right to entrust a defender.
Starting from the date of review and prosecution by the People's Procuratorate, defense lawyers may review, excerpt, and copy the litigation documents, technical appraisal conclusions and other materials of the case, and may meet and communicate with criminal suspects in custody. The People's Procuratorate shall make a decision within one month on cases transferred for prosecution by the public security organs. For major and complex cases, the extension may be extended by half a month. If the People's Procuratorate believes that the criminal suspect's criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated in accordance with the law, it shall make a decision to prosecute and file a public prosecution in the People's Court in accordance with the provisions of trial jurisdiction. (4) Trial: The people's court shall review the prosecution case and decide to hold a trial if the indictment clearly accuses the criminal facts and is accompanied by an evidence catalog, witness testimony, copies or photos of the main evidence. Except for cases involving state secrets and personal privacy, the people's courts shall try cases of first instance in public. From the day the People's Court accepts the case, defense lawyers may review, excerpt, and copy materials on the alleged criminal facts of the case, and may meet and communicate with the defendant in custody. During the trial, the defense lawyer defended the defendant. When a people's court hears a public prosecution case, it shall pronounce a judgment within one month after accepting the case, and no later than one and a half months. If one of the circumstances specified in Article 163 of the Criminal Procedure Law occurs, it may be extended for one month with the approval or decision of the Higher People's Court of the province, autonomous region or municipality directly under the Central Government. After the trial, the People's Court made the following judgments based on the facts, evidence and relevant legal provisions: 1. If the facts of the case are clear, the evidence is reliable and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made; 2. The defendant is found not guilty according to law. If the defendant is guilty, a judgment of not guilty shall be made; 3. If the evidence to find the defendant guilty is insufficient, a judgment of not guilty shall be made that the defendant is guilty but the evidence is insufficient and the alleged crime cannot be established. 3. The Shandong Provincial Public Security Department’s regulations on the filing standards for criminal cases The Shandong Provincial Public Security Department’s regulations on the filing standards for criminal cases: (1) Those under the jurisdiction of the public security organs; (2) There are criminal facts or suspicions of crimes. According to the provisions of Article 110 of the Criminal Procedure Law, sources of case filing materials, acceptance and processing of case filing materials, any unit or individual who discovers criminal facts or criminal suspects have the right and obligation to report to the public security organs and the People's Procuratorate. Or report the case or report to the People's Court. Victims have the right to report or accuse criminal facts or criminal suspects that infringe upon their personal or property rights to the public security organs, people's procuratorates or people's courts. Public security organs, people's procuratorates or people's courts shall accept reports, accusations and reports. For matters that do not fall under one's jurisdiction, the case shall be transferred to the competent authority, and the whistleblower, accuser, and whistleblower shall be notified; for matters that do not fall under one's jurisdiction and emergency measures must be taken, emergency measures shall be taken first and then transferred to the competent authority. Where criminals surrender to the public security organs, people's procuratorates or people's courts, paragraph 3 shall apply.