Procedural provisions for handling criminal cases

Specific procedural provisions on the handling of criminal cases by public security organs:

1. If there is an incident of suspected crime in the society, the investigating agency may intervene to conduct a preliminary investigation based on the relevant unit or individual reporting or accusation;

2. Filing a case by the investigative agency;

3. After the court receives and examines the case transferred by the procuratorate for prosecution, it will generally hear it in public, except for cases involving state secrets or personal privacy;

4. Enforcement by the people's courts, public security organs and prisons.

Legal basis] Article 109 of the Criminal Procedure Law.

When public security organs or people's procuratorates discover the facts of a crime or a criminal suspect, they shall file and investigate the case in accordance with the scope of their jurisdiction.

Article 115.

In criminal cases that have already been filed, public security organs shall conduct an investigation and investigation, and collect and collect evidence of the criminal suspect's guilt or innocence, or the severity or seriousness of the crime.

Article 183.

Basic level people's courts and intermediate people's courts hearing cases for trial shall be conducted by a collegial panel composed of three adjudicators or a total of three or seven adjudicators and people's assessors.

Article 259.

Judgments and rulings are subject to repentance after they have taken legal effect.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The procedural provisions for handling criminal cases include: 1. Relevant provisions on the procedures for accepting, filing, and solving cases; 2. Relevant provisions on the adoption of compulsory measures; 3. Relevant provisions on seizure, confiscation and return of goods and documents; 4. Relevant provisions on forensic injury evaluation. In conducting criminal proceedings, public security organs must rely on the masses, take the facts as the basis, and take the law as the criterion.

All citizens are equal in the application of the law, and no privileges are allowed before the law. According to the regulations, the task of the public security organs in criminal proceedings is to ensure that the facts of the crime are ascertained accurately and in a timely manner, the law is correctly applied, criminals are punished in a fair manner, the innocent are not criminally prosecuted, the citizens are educated to consciously abide by the law, actively struggle against criminal acts, safeguard the socialist legal system, and respect and protect human rights. Bright as.

Article 2 of the Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs.

The tasks of the public security organs in criminal proceedings are to ensure that the facts of crimes are accurately and promptly ascertained, the law is correctly applied, criminals are punished, the innocent are not criminally prosecuted, citizens are educated to consciously abide by the law, they actively struggle against criminal acts, they uphold the socialist legal system, respect and protect human rights, protect citizens' personal rights, property rights, democratic rights, and other rights, and ensure the smooth progress of the cause of socialist construction.

Procedural provisions for handling criminal cases

1. Investigation: In cases where the public security organs' investigation 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.

2. Review and prosecution:

When reviewing a case, the people's procuratorate shall interrogate the criminal suspect and hear the opinions of the victim, the criminal suspect, or the person entrusted by the victim. In public prosecution cases, criminal suspects have the right to retain a defender from the date on which the case is transferred for review for prosecution. Defendants in private prosecution cases have the right to retain a defender at any time.

Where the people's procuratorate finds that the facts of the criminal suspect's crime have been clarified, the evidence is credible and sufficient, and criminal responsibility shall be pursued in accordance with law, it shall make a decision to prosecute and initiate a public prosecution in the people's court in accordance with the provisions on trial jurisdiction.

3. Trial: After reviewing the case that has been prosecuted, the People's Court shall decide to try the case if there are clear facts of the alleged crime in the indictment and a list of evidence, a list of witnesses, and a copy of the main evidence or a copy of the main evidence. Except in cases involving state secrets or personal privacy, the people's court's trial of first-instance cases shall be conducted in public.

People's courts hearing public prosecution cases shall announce the verdict within one month of accepting it, and must not exceed one and a half months at the latest. In any of the circumstances provided for in article 163 of the Criminal Procedure Law, an extension of one month may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality.

After the trial, the people's court made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions:

1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made.

2) Where the defendant is found not guilty on the basis of law, a not-guilty verdict shall be made.

The above content is referred to: Encyclopedia - Provisions on the Procedures for Handling Criminal Cases by Public Security Organs.

The Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs were formulated to ensure the implementation of the Criminal Procedure Law of the People's Republic of China, to ensure that the public security organs correctly perform their functions and powers in criminal proceedings, to standardize the procedures for handling cases, to ensure the quality of case handling, and to improve the efficiency of case handling. It was promulgated by the Ministry of Public Security on December 13, 2012 and came into force on January 1, 2013.

Article 109 of the Criminal Procedure Law of the People's Republic of China: When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file and investigate the case in accordance with the scope of its jurisdiction. Article 169 of the Criminal Procedure Law of the People's Republic of China provides that the people's procuratorate shall review and decide on all cases that require public prosecution. Article 208 of the Criminal Procedure Law of the People's Republic of China: People's courts hearing public prosecution cases shall announce the verdict within two months of accepting the case, and must not exceed the bench for three months at the latest.

In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in Article 158 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval. In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case. In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.