When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
2. Investigation:
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.
3. Review and prosecution:
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
4. Trial:
After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, it shall decide to hold a hearing. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public.
1. Under what circumstances can the lawsuit be suspended?
1, one party dies and needs to wait for the heir to indicate whether to participate in the lawsuit;
After the death of a party, his litigation capacity naturally terminates, and the litigation procedure can only continue if the heir of the deceased participates in the litigation. However, determining the successor is sometimes complicated and even controversial. If it takes some time to determine the heir, the lawsuit should be suspended. If the heir can immediately participate in the litigation and assume the litigation rights and obligations, the litigation shall not be suspended.
2. One party loses the capacity for litigation and has not yet determined the legal representative;
The parties have no capacity for litigation and cannot exercise their litigation rights and perform their litigation obligations in person. In the course of litigation, if one party is insane and can't express his will correctly, he will lose his capacity for litigation and should be represented by his legal representative. If it takes some time to determine the legal representative and he can't participate in the lawsuit immediately, the lawsuit shall be suspended.
3. The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;
If one party is a legal person or other organization and is terminated due to merger, cancellation or dissolution, and requires its rights and obligations undertaker to undertake litigation, the litigation shall be suspended before the undertaker is determined.
4. One party is unable to participate in the litigation due to irresistible reasons;
If one party is unable to participate in the lawsuit due to force majeure (flood, earthquake, etc.). ) or other insurmountable objective circumstances (serious illness, industrial injury, traffic accident, etc.). ), the lawsuit shall be suspended. If the irresistible cause is not a well-known fact, the parties concerned shall prove it to the people's court.
5. The case must be based on the trial result of another case, which has not yet been concluded;
In the trial practice, some civil cases are very complicated, and the legal relationship or legal facts between cases are interrelated. The fact-finding of a case or the application of the law shall be based on the trial result of another case. If the judgment is made before the conclusion of another case, it may lead to unclear facts of the case, improper application of the law and contradictory judgments, which is not conducive to protecting the legitimate rights and interests of the parties, completely solving the dispute and undermining the seriousness of the law. Therefore, in this case, the lawsuit should be suspended.
6. Other circumstances in which litigation should be suspended.
In addition to the above circumstances, there may be other circumstances that need to suspend the proceedings. For example, after the parties join the army or change jobs, they still don't know the new domicile.
2. What are the methods for inquiring about the property of the person subjected to execution?
1. Mining property clues from the applicant
The contract, letter and fax signed by the applicant and the person subjected to execution, the website of the person subjected to execution, the address or office, contact information, movable property, real estate, various incomes, creditor's rights, bank account number and other basic information, property preservation and certification materials, the whereabouts of the person subjected to execution and hidden property clues.
The lawyer shall inform the executor of the application of the consequences of not providing evidence. That is, if the application executor cannot prove that the person subjected to execution has property available for execution, the people's court will terminate the execution on the grounds that the person subjected to execution has no property available for execution, and inform him that when the property of the person subjected to execution is found, he can apply for resuming the execution procedure.
Understand the spouse's situation: name, whether there is a fixed work unit and income, and prepare for the additional executor.
Attention should also be paid to the property owned by the person subjected to execution and others, as well as the property with guarantee or other priority.
2, outsiders report or reward report
Take the initiative to inquire about the creditor's rights of the related party of the person subjected to execution. In addition, the person subjected to execution can apply for compulsory execution through a reward. That is, if the case cannot be executed because the whereabouts of the person subjected to execution are unknown or the property of the person subjected to execution cannot be found, the application executor may apply for compulsory execution by offering a reward, and encourage relevant insiders to provide the property status of the person subjected to execution or his due creditor's rights. At the same time, the executor of the application shall be clearly informed that if the application for execution is made by offering a reward, a written application must be submitted, indicating the reward method and amount, and the announcement fee must be paid.
3. Obtain property clues from the person subjected to execution.
Legal basis: Article 3 of the Criminal Procedure Law of People's Republic of China (PRC) is responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers. In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.