The pre trial brigade is not decisive in the case

Updated on educate 2024-03-29
3 answers
  1. Anonymous users2024-02-07

    The pre-trial brigade is an internal organ of the investigative agency and is responsible for the pre-trial of the investigation stage of a criminal case.

    The maximum period of criminal detention is 37 days, followed by arrest, and the period of investigation and detention after the arrest of a criminal suspect must not exceed 2 months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of 1 month may be granted upon the approval of the people's procuratorate at the level above; major and complex cases in remote areas with very difficult transportation; major criminal syndicate cases; major and complex cases of wandering crimes; In major and complex cases where the crime involves a wide range of areas and it is difficult to collect evidence, an extension of 2 months may be granted upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate, and an additional 2 months may be extended for suspects who might be sentenced to 10 years or more. Where, during the investigation period, it is discovered that the criminal suspect has committed another important crime, the period of investigative detention is to be recalculated from the date of discovery.

    After the completion of the public security investigation, it is transferred to the procuratorate for review for prosecution, and the time limit for the procuratorate's review for prosecution is generally not to exceed one month, and the procuratorate's review of the case, where it is necessary to supplement the investigation, may return it to the public security organs for supplementary investigation, and the supplementary investigation shall be completed within one month, and the supplemental investigation is limited to two times. After the supplementary investigation is completed and transferred to the people's procuratorate, the people's procuratorate is to recalculate the time limit for review for prosecution. In cases of supplementary investigation, where the procuratorate still finds that the evidence is insufficient and does not meet the requirements for prosecution, it may make a decision not to prosecute.

    If the procuratorate examines and finds that criminal responsibility should be pursued, it will file a public prosecution with the court, and the court will generally make a first-instance judgment within one month, and in complex cases, it may be extended by one month with the approval of the high court.

    If you are detained or arrested, it is recommended to appoint a lawyer to intervene as soon as possible and provide interviews and other legal services to achieve the least possible outcome.

  2. Anonymous users2024-02-06

    If you want to catch people, it is generally at this stage, and after this stage, it will be more difficult and the cost will be relatively high.

  3. Anonymous users2024-02-05

    The case to the pre-trial brigade means the following:

    1. The case has reached the pre-trial section, indicating that the public security organs are further investigating and handling it and are still in the investigation stage;

    2. However, the specific situation should be determined according to the actual situation of the parties, because after the arrest is approved, it is the prosecution, trial and judgment, and only the people's court can determine whether there is a crime and criminal responsibility.

    3. It is recommended that the parties hire a lawyer and seek legal help.

    The Pre-trial Section is a functional department under the Public Security Bureau. Its duties are mainly to conduct detailed interrogation of criminal suspects in criminal cases submitted by the criminal police and verify the confessions of criminal suspects. and submit the materials of the suspected crime to the procuratorate, and the supervision organ is to refer to the materials and initiate a public prosecution.

    The purpose of the pre-trial is to ensure that only factual and legally substantiated allegations are brought before the court of first instance and that unsubstantiated allegations are dismissed before **. Applies only to serious crimes.

    The proceedings were conducted by the examining magistrate. The pre-trial judge has broad powers to interrogate the accused, conduct investigations, search and seizure, hear and lenient testimony.

    The pre-trial personnel of China's public security and procuratorial organs interrogate criminal suspects on the basis of solving the case. The purpose is to verify the evidence of the crime obtained and further ascertain the facts and circumstances of the case and the clues of the crime. Pre-trial generally begins with the arrest of the offender and ends with the conclusion of the investigation process.

    Legal basisArticle 167 of the Criminal Procedure Law of the People's Republic of China.

    Where the people's procuratorate finds that it is necessary to arrest a person detained in a case directly accepted by the people's procuratorate, it shall make a decision within 14 days. In exceptional circumstances, the time for deciding on arrest may be extended by one to three days. where arrest is not necessary, they shall be released immediately; Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

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