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If a criminal judgment that has already taken effect is truly in error, a retrial may be initiated and the sentence changed through the trial supervision procedure.
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May I have a friend who was seriously injured with a knife around 2006 and fled for about two years, because the information at that time was relatively backward, the public security organs have not caught the perpetrator, and later due to various reasons the family was afraid of retaliation, so they were forced to accept the other party's privacy, at that time the offender's behavior was very bad, and the harm caused to my friend is still a shadow until now, if you report the case to the public security organ again, will it still be accepted and filed?
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Blindness in the left eye is a loss of function that meets the criteria for serious injury.
The statutory penalty for intentional injury, causing serious injury, is fixed-term imprisonment of not less than three years but not more than ten years, and the statute of limitations for prosecution may only expire after 15 years.
It has only been a little more than three years since 2008-09, and as long as the evidence is conclusive, it can be pursued.
Article 234 of the Criminal Law: Whoever intentionally harms the body of another person is sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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Summary. The so-called conclusion of a criminal case should be the conclusion of the investigation and should be transferred to the people's procuratorate for review for prosecution in accordance with law, and where the people's procuratorate needs to supplement the investigation during the review, it may request the public security department to conduct a new investigation.
Can a criminal case be overturned if it is closed?
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The so-called conclusion of a criminal case should be the end of the investigation, the dismantling of the balance should be transferred to the people's procuratorate for review and prosecution in accordance with the law, and the people's procuratorate may request the public security department to re-investigate if it needs to supplement the investigation during the review.
In cases where the investigation by the public security organs has been concluded, the facts of the crime shall be clear, the evidence credible and sufficient, and a written opinion for prosecution shall be written, and the case file materials and evidence shall be transferred to the people's procuratorate at the same level for review and decision; At the same time, Qi Liang informed the criminal suspect and his defense lawyer of the transfer of the case.
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The case may be overturned after the case is concluded. After the conclusion of the case, whether it is a criminal, civil, or administrative case, as long as there is evidence to prove that it is an unjust, false or wrongly decided case, it may apply to the higher court or procuratorate to initiate the level of judicial trial supervision and request a retrial.
[Legal basis].Article 238 of the Criminal Procedure Law of the People's Republic of China.
Where the second-instance trial court discovers that the first-instance trial court's trial had any of the following circumstances that violated the litigation procedures prescribed by law, it shall rule to revoke the original judgment and remand to the original people's court for new trial
1) Violating the provisions of this Law on open trials;
2) Violating the recusal system;
3) Depriving or restricting a party's legally-prescribed procedural rights, which might impact a fair trial;
4) The composition of the trial organization is unlawful;
5) Other litigation procedures that violate the provisions of law, might impact the fair trial.
According to the Criminal Procedure Law of the People's Republic of China, a general criminal case generally goes through three stages, namely, the investigation stage (public security organs), the review and prosecution stage (the people's procuratorate) and the trial stage (people's courts).During the investigation phase, the public security organs will take him into criminal custody according to the circumstances, and request the procuratorate for approval of the arrest within three days, which may be extended by one to four days, and may be extended to 30 days at the longest, and the procuratorate will generally decide whether to approve the arrest within seven days, and this stage can be as fast as three to 10 days. The period for investigation after arrest must generally not exceed two months, and in cases where the circumstances of the case are complicated, it may be extended by one month with the approval of the people's procuratorate at the level above. >>>More
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