Court staff usually call themselves judges. Know the position of the leader, such as dean, dean and judge, plus the surname, such as a dean. If you don't know the position, you'd better call a judge, not a comrade. Even if he is just an ordinary civilian or a clerk, it won't be too outrageous to call him that. If his position is very different from that of a judge, he will take the initiative to remind you of his actual duties if you call him that.
In the stage of examination and prosecution, prisoners are generally summoned according to criminal suspects; As long as the main personnel involved in the case will be called criminal suspects, if there is no legal evidence to prove the actual situation of the case at the stage of review and prosecution, the parties will generally be released directly.
In the stage of examination and prosecution, criminals will be called criminal suspects. In the stage of public prosecution, the people's procuratorate examines and verifies the criminal facts and evidence, the nature of the crime and the charges confirmed by the investigation organ, and makes a decision on handling it to determine whether to prosecute the criminal case that has been investigated. It is the basic preparation for realizing the public prosecution function of the people's procuratorate, and it is also an important means for the people's procuratorate to exercise legal supervision over investigation activities. Therefore, it is of great significance to ensure that people's procuratorates correctly prosecute, discover and correct illegal acts in investigation activities. The time limit for examining and prosecuting is:
1. The duration of the prosecution phase is 1 month. For major and complicated cases, it can be extended for half a month. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
2. The case returned by the people's procuratorate to the public security organ for supplementary investigation shall be completed within 1 month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
1. What are the provisions on entrusted agents in the stage of examination and prosecution?
According to the provisions of the Criminal Procedure Law, the criminal suspect was interrogated by the investigation organ for the first time or compulsory measures were taken. That is to say, after the criminal suspect is put on file for investigation, he can entrust a defense lawyer from the day when he is interrogated for the first time or taken compulsory measures such as summons, detention, arrest, bail pending trial and residential surveillance. If a defense lawyer is not entrusted at the investigation stage, a defense lawyer may be entrusted at any time at the examination and prosecution stage. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. If a criminal suspect is in custody, his guardian or near relative may also entrust a defender.
Second, what are the provisions of the review and prosecution stage?
You can apply at the stage of review and prosecution, but you must meet the conditions prescribed by law.
Article 65 of the Criminal Procedure Law People's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
To sum up, criminals are generally called criminal suspects as long as they have not been formally sentenced, even if the case has been transferred to the procuratorate or the court. Therefore, law enforcement officers will also restrict the personal freedom of criminal suspects according to different situations in order to better try according to law.
Legal basis:
Article 65 of the Criminal Procedure Law People's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.