Investigation stage:
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.
The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect.
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.
Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law. If the suspect is arrested, the lawyer hired can apply for bail pending trial.
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.
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence. Under normal circumstances, the filing period is within seven days.
Procedures for handling criminal cases by public security organs
Article 162? After accepting a case, the public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and the accepting unit shall make a criminal filing report and file the case with the approval of the person in charge of the public security organ at or above the county level.
If it is considered that there is no criminal fact, or the circumstances of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, or there are other circumstances in which criminal responsibility is not pursued according to law, the receiving unit shall make a petition report of not filing a case, and shall not file a case with the approval of the person in charge of the public security organ at or above the county level.
Article 163? If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within seven days.
If the complainant decides not to file a case, he may apply for reconsideration to the original public security organ within seven days after receiving the Notice of Non-filing. The public security organ that originally decided shall make a decision within ten days after receiving the application for reconsideration, and notify the complainant in writing.
Article 164? For a case that the people's procuratorate requests to explain the reasons for not filing a case, it shall make a statement of reasons for not filing a case within seven days and notify the people's procuratorate after being approved by the person in charge of the public security organ at or above the county level.
If the people's procuratorate considers that the reason for not filing a case cannot be established, the public security organ shall decide to file a case within fifteen days after receiving the notice of the people's procuratorate's request for filing a case, and serve the decision on filing a case on the people's procuratorate.
Extended data:
Process of filing and handling cases
1. There are illegal and criminal acts under the jurisdiction of public security organs, which must be accepted and accepted on the same day. After accepting them, you must write an acceptance receipt to the victim. Without the acceptance receipt signed by the victim or the informant, it is impossible to prove that you accepted the case in time.
2. It takes two policemen to make a report record for the victim or informant. Even if the police force at the grass-roots level is insufficient, the record should be signed by two policemen. Rape victims who are easy to be falsely accused or witnesses in other major cases must make notes, and they must make audio and video recordings all the time.
Before taking notes, all the people who take notes should verify their identities. The law is strict. Don't make an unidentified report on the spur of the moment, what's more, some witnesses will be gone once they are lost.
4. When making transcripts for informants and witnesses, the victim (witness) must be informed of his rights and obligations. Law enforcement is transparent, and they should be made aware of their rights and obligations.
5. To accept the evidence provided by the victim or witness, the list of admissible evidence must be used, and the provider who provides the copy of the evidence must be required to write on the copy: "The copy is checked correctly with the original, and the original is kept in our place." And signatures, dates and fingerprints. Must be legally integrated into the evidence chain, engraved with the seal of this passage, and stamped on the copy.
6. In the case of initial investigation, the procedure must be legal, and the procedure can only be issued after the case is filed. Don't open it without permission before filing a case. Don't use personal relationships to figure out what you want in the name of improving efficiency. The procedure is illegal, and nothing can be done.
7, be sure to protect yourself with documents, don't use your mouth. Meet the conditions for filing, and quickly file a case. Don't try to reduce your filing rate by not filing a case to meet the evaluation. Law enforcement mistakes will be investigated for life, and no one will remember your self-righteous contribution to reducing the detection rate.
Cases that are not under the jurisdiction of public security organs shall be handed over to other departments with jurisdiction in the form of documents; Don't try to persuade the informant not to file a case. After the approval of the superior, the whistleblower and the complainant will be given a lenient decision not to file a case. All the documents are the result of collective research.
References:
Baidu Encyclopedia-Procedures for Public Security Organs to Handle Criminal Cases