The basic process and time of criminal cases

The flow of criminal cases is mainly investigation, prosecution and trial.

Each case happened at a different time. When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months.

The flow of criminal cases is as follows:

1. In the investigation stage, the public security organ will extract evidence and investigate relevant facts;

2. In the stage of examination and prosecution, the procuratorate will examine whether the evidence and facts of the public security organs are sufficient, and those with insufficient evidence can be returned;

3. In the trial stage, the procuratorate will sue the cases that have passed the examination to the court for trial and judgment. For a case of private prosecution, the victim first brings a lawsuit to the people's court, then the case is tried by the people's court, and finally it is handed over to the executing organ for execution.

Criminal cases refer to cases in which criminal suspects and defendants are accused of violating social relations protected by criminal law, and the state conducts investigation, trial and criminal sanctions in order to investigate the criminal responsibility of criminal suspects and defendants.

In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.

Article 3 of the Criminal Procedure Law of People's Republic of China (PRC) is responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.

Article 112 Review and handling of filing materials and conditions for filing a case The people's court, the people's procuratorate or the public security organ shall timely review the materials for reporting, accusing, reporting and surrendering the case according to their jurisdiction, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.