What is the whole process of criminal proceedings?

1. What is the whole process of criminal proceedings? 1. Accept the entrustment. 2. Review of jurisdiction. 3. Consult, extract and copy the materials related to this case. 4. Meeting with the defendant. 5. Investigate and collect evidence. 6. Prepare to appear in court. 7. Court investigation. 8. Court debate. 9. Work after recess. A very important issue in criminal proceedings is the process of criminal proceedings, the process of criminal proceedings. Put on record 1. The scope of filing a case by a public security organ governs general criminal cases. Second, the scope of the procuratorate's filing is 1, the crime of corruption and bribery, and the crime of dereliction of duty by state staff; 2. Crimes that violate citizens' personal rights and democratic rights, such as illegal detention, extorting confessions by torture, retaliation and framing, and illegal search, committed by state functionaries by taking advantage of their functions and powers, shall be investigated by people's procuratorates; 3. Other major criminal cases committed by state functionaries by taking advantage of their functions and powers need to be directly accepted by the people's procuratorate, and may be put on file for investigation upon the decision of the people's procuratorate at or above the provincial level. Three, report, report and accusation (report letter, complaint); 1. Any unit or individual may submit a report in written or oral form; 2. The victim has the right to sue the public security organ or the people's procuratorate for criminal facts or criminal suspects that infringe upon his personal and property rights; Or the people's court reports or accuses. If the public security law does not file a case, the complainant may apply for reconsideration if he refuses to accept it. Fourth, the victim's right to file a case provides relief to the victim. If the victim thinks that the public security organ will not file a case for investigation, the people's procuratorate shall ask the public security organ to explain the reasons for not filing a case. Investigation 1. Process 1. Interrogate the suspect. (1) At the time of interrogation, there shall be at least two investigators. (2) A criminal suspect (detention warrant, detention warrant) who does not need to be arrested or detained may be summoned. When conducting interrogation at a place designated by a city or county or at the residence of the person being interrogated, the people's procuratorate or the public security organ's certificate shall be produced. (3) The maximum duration of summons and summons shall not exceed twelve hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. 2. Questioning witnesses can be conducted in the unit or residence of the witness, but the documents of the people's procuratorate or the public security organ must be produced. When necessary, witnesses may also be notified to testify in a people's procuratorate or a public security organ. 3. Inspection and inspection. Search warrant number five. Seize physical evidence and documentary evidence. Assessment 7. Wanted 8. The investigation is over 2. Rights of criminal suspects 1. The criminal suspect has the right to refuse to answer questions put forward by investigators that are irrelevant to the case. 2. A criminal suspect may hire a lawyer to represent him after the first interrogation by the investigation organ or from the date when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. 3, check the woman's body, should be carried out by female staff or doctors; A search of a woman's body shall be conducted by female staff. 4. The investigation organ shall inform the criminal suspect and the victim of the appraisal conclusion used as evidence. If the suspect or the victim. Review and prosecute. The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month. Second, the result of prosecution is 1. The facts of the crime are clear and the evidence is true and sufficient; If criminal responsibility should be investigated according to law, public prosecution should be instituted; 2. No prosecution. Rights and obligations of criminal suspects and victims 1. A criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time. 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 of the person who has the right to entrust defense (power of attorney, criminal entrustment agreement). 2. The victims of public prosecution cases and their legal representatives or close relatives, and the parties involved in incidental civil actions and their legal representatives have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution. 3. If a case with a victim decides not to prosecute, the people's procuratorate shall serve the decision of not to prosecute on the victim. If the victim refuses to accept the decision, he may appeal to the people's procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. Private prosecution 1. Materials submitted for criminal private prosecution 1. Submit an original private prosecution and provide corresponding copies according to the number of defendants. 2. Materials to prove the plaintiff's subject qualification, such as a copy of the ID card or household registration book, and a copy of the ID card of Hong Kong and Macao compatriots. 3. Materials to prove the defendant's subject qualification, such as a copy of the ID card or household registration book, and a copy of the ID card of Hong Kong and Macao compatriots. 4. If the prosecution is entrusted, the plaintiff's power of attorney shall be submitted, and the power of attorney shall specify the entrusted matters, authority, time limit and contact telephone number. If a citizen acts as an agent, he shall also submit a copy of his identity card; If a lawyer acts as an agent, a copy of the official letter of the law firm and the lawyer's practice certificate shall be submitted at the same time. 5. Evidence to prove the existence of criminal legal relationship, that is, the plaintiff's personal rights, relevant evidence of infringement of property rights, report materials of public security organs or forensic identification, etc. 6. If the public security organ or the people's procuratorate decides not to pursue criminal responsibility, the plaintiff shall submit the proof that the defendant has violated his personal and property rights and the proof that the public security organ or the procuratorial organ will not pursue the criminal responsibility of the defendant. 7. Other materials prescribed by law. Second, the defendant in a counterclaim and private prosecution case can file a counterclaim against the private prosecutor in the course of litigation, and the counterclaim applies to the provisions of private prosecution. Third, the rights of the parties 1, the defendant has the right to entrust a defender at any time; Private prosecutors and their legal representatives, parties to incidental civil actions and their legal representatives have the right to entrust agents ad litem at any time. Four. Private prosecution cases (1) pure private prosecution cases 1, insult and slander cases (except those endangering social order and national interests); 2 cases of violent interference with freedom of marriage (except those that cause death); 3 cases of abuse (except those that cause serious injury or death); 4. Misappropriation of public funds. (2) cases of public prosecution and private prosecution 1, cases of intentional injury (minor injury) 2, cases of infringement of freedom of communication 3, cases of producing and selling fake and inferior commodities (except as stipulated in section 1 of Chapter III of the Specific Provisions of the Criminal Law, which seriously endangers social order and national interests); 4 cases of infringement of intellectual property rights (except those that seriously endanger social order and national interests, as stipulated in Section 7 of Chapter III of the Specific Provisions of the Criminal Law); 5. In the case of Chapter IV and Chapter V of the Specific Provisions of the Criminal Law, the defendant may be sentenced to fixed-term imprisonment of not more than three years. In the above eight cases, public prosecution and private prosecution can be carried out: if the victim brings a lawsuit directly to the people's court, the people's court shall accept it according to law. If the evidence is insufficient and the public security organ can accept it, or the defendant may be sentenced to more than three years in prison, it shall be transferred to the public security organ for investigation. 1. Trial preparation 1 A copy of the indictment of the people's procuratorate shall be delivered to the defendant at least ten days before the court session. If the defendant has not appointed a defender, he shall be informed that he can appoint a defender, and if necessary, he may appoint a lawyer who undertakes the obligation of legal aid to defend him. Attachment: Applicants for criminal legal aid shall submit the following materials: (1) Legal aid application form; (2) Relevant identification certificates submitted by relatives of the criminal suspect; (Xerox 1, original inspection); (3) the economic situation proves that the people's court shall appoint a defense for the defendant and the juvenile criminal suspect; (four) the relevant evidence of the application in the local area according to law; (Xerox 1, original inspection); (5) Proof that the criminal suspect has been summoned by the investigation organ or taken compulsory measures, except that the people's court has appointed defense for the defendant and juvenile criminal suspect according to law; (Xerox 1, original inspection); (six) case materials related to the application matters and requests. (copy 1 copy, original inspection). 2. Summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the court session. 3. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session. Second, the court session 1, announced the court session, checked the identity of the parties, announced the members of the collegial panel, informed the parties of their rights and obligations, and asked whether to apply for withdrawal. 2. Court investigation: the indictment is read, the defendant and the victim express their opinions on the alleged facts, ask the defendant, and examine and verify the evidence. 3. Court debate: the public prosecutor speaks, the victim and his agent ad litem speak, the defendant defends himself, the defender defends, and the prosecution and the defense argue. 4. The defendant's final defense and final statement of the alleged crime. Three. Judge (1) Judge the type 1. If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made. 2. If the defendant is found innocent according to law, a verdict of innocence shall be made. 3. If the defendant cannot be found guilty due to insufficient evidence, a verdict of innocence shall be made because the accused crime cannot be established due to insufficient evidence. (2) the form of judgment 1. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days. 2. If the sentence is pronounced regularly, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. Four. Time limit for hearing a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances stipulated in Article 126 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government. The appellant shall submit the appeal materials to the court of first instance within the appeal time limit stipulated in the judgment document of first instance, and submit copies according to the number of the other parties, and provide the identity card at the same time, and submit them together if the lawyer is entrusted. II. The time limit for appealing and appealing is 1. If the defendant, private prosecutor and their legal representatives are dissatisfied with the judgment of first instance (within 10 days after receiving the ruling), they have the right to appeal to the people's court at the next higher level in written or oral form. Defenders and close relatives of the defendant may appeal with the consent of the defendant. 2. If the victim and his legal representative refuse to accept the judgment of first instance, they have the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request. Three. Time limit for second instance When accepting an appeal or protest, the people's court of second instance shall conclude the case within one month, but not more than one and a half months at the latest. Under any of the circumstances stipulated in Article 126 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government, but the case of appeal or protest accepted by the Supreme People's Court shall be decided by the Supreme People's Court. Fourth, the second trial procedure 1, pre-trial preparation; 2. The trial of the third court. Judgment: (1) If the original judgment found the facts and applicable laws correct and the sentence was appropriate, the appeal or protest was ruled to be rejected and the original judgment was upheld; (two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised; (3) If the facts of the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial. Retrial 1. Submit the retrial materials 1 and the application for retrial, and submit a copy of the application for retrial according to the number of opponents in the original trial; 2, the original first and second instance judgments, rulings and other legal documents, after review or retrial by the people's court, shall be accompanied by a notice of rejection, retrial judgment or ruling; 3. To apply for retrial on the grounds that there is new evidence to prove that the facts ascertained by the original referee are indeed wrong, a list of evidence, a list of witnesses and copies or photos of the main evidence shall be attached. Second, the filing time is 1. Generally speaking, if a complaint is filed within two years after the execution of the penalty, the court shall accept it; 2. Under the following special circumstances, if it has been more than two years, it shall be accepted: ① The defendant in the original trial can be acquitted; 2 appeal to the court within the time limit, and the court will not accept it; ③ It is a difficult, complicated and major case. Iii. Retrial situation 1. There is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong; 2, according to the conviction and sentencing evidence is untrue, insufficient or there is a contradiction between the main evidence to prove the facts of the case; 3. The original judgment or ruling was wrongly applied by law; 4. When the judge tried this case, he was guilty of corruption, bribery and bending the law. Four, the retrial period shall end within 3 months from the date of making the retrial decision, and the extension period shall not exceed 6 months. To sum up, the public security organs will conduct a preliminary investigation on the time of suspected crimes in society. If there are criminal facts, the criminal responsibility of the suspect will be investigated and the case will be filed. Then a series of criminal proceedings will be conducted and the case will be tried according to the regulations.