Criminal case handling process
(1) survey
The vast majority of criminal cases are investigated by public security organs, and very few cases are investigated by procuratorates. Here, we only talk about public security investigation. When a public security organ discovers a criminal act, it shall file a case for investigation. When it receives the report, it needs to check it. If it is found through examination that it may constitute a crime, it shall be put on file for investigation.
The public security organ may summon the criminal suspect to make a statement and investigate after filing a case. Only then can we decide whether to take criminal detention on the suspect. If criminal detention is decided, it will be sent to the detention center. Those who do not take criminal detention may be released on bail pending trial or under residential surveillance. The term of criminal detention is three days, which can be extended by one to four days under special circumstances. 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.
After the expiration of the period, those who do not need to be arrested may be released on bail pending trial or under residential surveillance. Anyone who needs to be arrested must apply to the procuratorate for approval, and the procuratorate has seven days to decide whether to approve the arrest. The detention period of 30 days plus the approval of arrest period of 7 days is the origin of what we often call "golden 37 days" in criminal cases. At this point, the case was not really transferred to the procuratorate, but only applied to the procuratorate for approval of the arrest. When many people hear that it is sent to the procuratorate, it is easy to confuse the review and prosecution.
If the procuratorate decides to arrest, the public security organ shall carry out the arrest; If the procuratorate decides not to approve the arrest, it may be released on bail pending trial or under residential surveillance. The reason why this is a "golden 37 days" is that the procuratorate will be more cautious than criminal detention when approving arrest. Many circumstances may be the reason why the procuratorate does not approve the arrest. For example, the lack of criminal evidence may not constitute a crime, the circumstances of the crime are minor, or there are circumstances such as surrender, meritorious service, confession and repentance, and the victim's understanding, which may affect the arrest decision of the procuratorate.
If the procuratorate does not approve the arrest, not only will the suspect not be detained in the detention center, but the chances of not prosecuting or eventually being sentenced to probation by the court will be even greater. Therefore, in the process of criminal defense, it is very important to apply to the procuratorate for not approving the arrest.
After approving the arrest, the public security organs have two months to investigate. After the expiration of two months, you can apply to the procuratorate at the next higher level for an extension of one month. After the expiration, under special circumstances, you can apply to the provincial procuratorate for an extension of two months. After the expiration, you can apply to the provincial procuratorate for an extension of two months.
(2) Examination and prosecution
After the investigation stage, the case entered the stage of examination and prosecution. After investigation, the public security organ extracts, fixes and files all the evidence materials of the case, and then transfers the case file to the procuratorate, which will examine the case and decide whether it is necessary to bring a public prosecution to the people's court.
This stage is a very important stage in the whole criminal case process. In the stage of examination and prosecution, the defender can consult all the files. The most important thing in the case file is the prosecution opinion of the public security organ. This document can fully show the investigation ideas and case facts of the public security organs. Defenders can check whether the evidence of the case is true, effective and sufficient to prove the facts of the case, and design defense ideas according to the evidence of the case.
The time limit for examination and prosecution is one month, which may be extended for half a month under special circumstances. Moreover, when the procuratorate thinks that the evidence of the case is not sufficient, it can return the case to the public security organ for supplementary investigation. The supplementary investigation time is one month at a time, and the investigation can be returned twice at most.
(3) the trial stage
After examination, the procuratorial organ believes that the criminal facts of the suspect are clear and the evidence is indeed sufficient. It will file a public prosecution with the people's court, transfer the file to the court, and submit an indictment to the court together.
After the case appears in court, the defender should get in touch with the judge in charge of the trial in time, submit the entrustment formalities, receive the indictment, and organize the defense viewpoint according to the charges charged in the indictment and the facts of the case. At the trial stage, the suspect was renamed as the defendant. The most important link at this stage is the trial.