The handling of criminal cases generally includes three steps: investigation by public security organs, examination and prosecution by procuratorial organs and trial by people's courts. Taking the investigation stage of public security as an example, when handling criminal cases, public security organs should select, formulate, fill in and apply criminal laws in strict accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Criminal Law of People's Republic of China (PRC) and the Procedures for Handling Criminal Cases by Public Security Organs.
(a) Filing, jurisdiction and revocation of documents
1, case registration form
2. Receipt of case acceptance
3. Decision on filing a case
4. Notice of not filing a case
5. Statement of reasons for not filing a case
6, designated jurisdiction decision
7. Notification of case transfer
8. Withdraw/refuse to withdraw the decision.
(2) Lawyers participate in criminal proceedings.
9, to provide legal aid notice
10. Application Form for Meeting Criminal Suspects
1 1, decision and notice of allowing to meet with criminal suspects
12, decided not to meet the suspect.
Three. Instrument of compulsory measures
13, subpoena certificate
14, summons notice
15, bail decision, enforcement notice
16, Notice of Obligation of the person released on bail pending trial
17, bond for obtaining a guarantor pending trial
18, deposit collection notice
19, save the certificate list.
20, the decision to refund the deposit, notice
2 1, Letter of Confiscation of Deposit, Notice
22, the guarantor fine decision, notice
23, shall be ordered to make a statement of repentance.
24, bail decision, notice
25, residential surveillance decision, notice of implementation
26. Notice of residential surveillance at designated residence
27. Decision and notice of releasing residential surveillance
28. Detention certificate
29. Detention notice
30. Notice of extension of detention period
3 1, authorized arrest
32, arrest warrant
33. Notice of arrest
34. Notice of Change of Arrest Measures
35. Notice of not lifting/changing compulsory measures
36, submitted for approval to extend the period of investigation and detention.
37. Notice of extending the time limit for investigation and detention
38. Notice of calculation/recalculation of investigation and detention period
39, enter the health checklist
40. Charge exchange certificate
4 1, issue a notice
42. Release certificate
Second, file a case.
Suspected criminal incidents have occurred in the society, and the investigation organ may intervene on the basis of the accusation, accusation and report of relevant units or individuals and the surrender of criminal suspects. After preliminary investigation, if it is believed that there is a criminal fact in this incident, the criminal should be investigated for criminal responsibility, and a case will be filed, thus initiating criminal proceedings. The investigation organ here generally refers to the public security organ. Criminal cases are mainly investigated by public security organs.
In addition, the procuratorate is responsible for investigating criminal cases involving the use of power by state employees; State security organs are responsible for investigating criminal cases suspected of endangering state security; The military security department is responsible for investigating suspected military crimes; Criminal cases in prisons are investigated by prisons.
According to the provisions of China's criminal procedure law, some cases can only be handled if the parties directly go to the court to sue the court, and the public security organs and procuratorates do not directly participate, which is the so-called private prosecution case in the above picture. Including cases of insult and slander (except those that seriously endanger social order and national interests), cases of violent interference in freedom of marriage, cases of abuse and cases of embezzlement.
What should the victim and his family do if they think that the relationship between the investigation machine should be filed instead of filed? See the column "Rights of the injured party in criminal proceedings".
China's laws and regulations will also comprehensively regulate citizens' behavior. If citizens commit illegal acts in their daily lives, it will not only harm the rights and interests of other citizens, but also affect social security. Therefore, after the illegal incident, the relevant departments will definitely impose penalties, and the judicial organs will also convict according to the content and circumstances involved.