The procedure of handling criminal cases should go through three substantive procedures: the investigation stage of investigation organs (public security organs and anti-corruption bureaus of procuratorates), the examination and prosecution stage of procuratorates and the trial stage of courts.
1. Investigation stage of investigation organ: The duty of investigation organ (public security organ, anti-corruption bureau of procuratorate) at this stage is to collect evidence to prove the establishment of the crime. Time limit: the investigation period is 2 months from the date of the suspect's arrest. General cases can be investigated within this time limit. If the investigation cannot be completed within this time limit, according to the relevant provisions of the Criminal Procedure Law, the time limit can be extended for three more times after the extension conditions are met and the relevant procedures are handled. The first extension can be 1 month, the second extension can be 2 months, and the third extension can be 2 months. The longest time for the investigation organ to handle a case is from the beginning of the investigation of a criminal suspect in criminal detention to the end of the investigation stage on August 7.
Second, the procuratorate's review and prosecution stage: after the investigation organ collects evidence, it will hand over the case materials to the procuratorate. At this stage, the procuratorial organ should examine whether the facts of the case are clear, whether the characterization is accurate, whether the evidence is sufficient and whether it meets the conditions for prosecution. Time limit: one month, which can be extended by half a month. Ordinary cases can be reviewed within one and a half months. If the procuratorial organ thinks that there are problems in the case during the review process, it may propose supplementary investigation. Supplementary investigation is limited to two times, each time for one month. Recalculate the time limit after each supplementary investigation. The longest period for the procuratorate to examine and prosecute is six and a half months.
Third, the court trial stage: the procuratorate believes that the case meets the conditions for prosecution and should transfer the case to the court for trial. The duty of the court at this stage is to judge whether the case accused by the procuratorate is established from the facts, nature and evidence, and make a judgment according to different situations. Time limit: the court shall pronounce the judgment within one month after accepting the public prosecution case, and no later than one and a half months. Some special circumstances can be extended for another month after approval. Ordinary cases can be concluded in two and a half months. Special circumstances: if a party or defender applies for notifying a new witness to appear in court, obtaining new evidence, or applying for re-appraisal or inquest, the judge shall, according to the specific circumstances, agree to the application and announce an adjournment, which shall not exceed one month at the longest, and shall not be included in the trial limit. In this case, the court should close the case within a trial period of three and a half months.
Therefore, five months after compulsory measures are taken, there is no sentence, which may not exceed the time limit prescribed by law. In addition, the relatives of the parties can go to the case-handling organ to learn about the progress of the case.
Lawyer Li Minghua answered Panzhihua's criminal defense.