What is the stage before being prosecuted, and what does it mean before being prosecuted?

Prosecution generally refers to the prosecution when the first round is unsuccessful, that is, it belongs to the second major stage.

In fact, for general cases, the situation of prosecution is very small, after all, after the court decides, there is no hope for prosecution, but there are still people who have to have a certain hope to prosecute, but this is also okay, after all, there is the right to prosecute.

1. Prosecution. As individuals, especially students, we must be aware that prosecution is a relatively serious process, and it is also proposed when the relevant laws are promulgated to maintain social stability and ensure people's rights. The people's courts, with the participation of the parties and all litigation participants, hear and resolve criminal, civil and administrative cases in accordance with the law, as well as the litigation relations arising from these activities, which can be divided into criminal litigation, civil litigation and administrative litigation according to the different content and form of litigation.

II. Individual Appeal Process.

1.First of all, the individual must write an application, which must include the problems and disputes that the individual has arisen and the reasons for the existence and end of the body, and after the body is written, bring the personal ID card to the relevant court for appeal.

2.As long as the court accepts the case, you can conduct a trial according to the case you provide, and the trial is generally conducted by the defendant and the prosecution in court. The whole ** has to go through a series of litigation processes.

Legal Extension]:

Litigation refers to the activities of the state adjudication organs, i.e., the people's courts, in accordance with the provisions of law and with the participation of the parties and other litigation participants, to resolve litigation disputes in accordance with the law. Where an economic dispute arises between equal subjects and a lawsuit is filed, the Civil Procedure Law shall be applied to resolve the dispute. The Civil Procedure Law, adopted at the Fourth Session of the Seventh National People's Congress on April 9, 1991 and amended three times in 2007, 2012 and 2017, is the legal basis for civil litigation activities.

Paragraph 2 of Article 390 of the Criminal Law stipulates: "If the bribe giver voluntarily confesses the bribery before being prosecuted, the punishment may be reduced or waived." The key condition for the use of this clause is the limitation of time, which is limited to "before being prosecuted".

Therefore, a correct definition of the meaning of "before being prosecuted" can not only "persuade" the bribe giver to surrender himself in order to obtain leniency, which is conducive to the investigation of the case, but is also a concrete embodiment of the criminal policy of "blending leniency and severity" in accordance with the "principle of proportionality of criminal responsibility and punishment" in the Criminal Law. At the same time, a correct understanding and grasp of the application of "before being prosecuted" can, on the one hand, prevent bribe-givers from exploiting loopholes in the law; On the other hand, it can also reduce the "chances" of corruption among judicial personnel.

Pre-prosecution generally refers to the period before prosecution and criminal liability is pursued within the statutory time limit.

Prosecution and prosecution of criminal responsibility for past criminal acts within the statutory time limit is called prosecution. where the legally-prescribed time limit is exceeded, no further prosecution is to be pursued. However, where a people's court, people's procuratorate, or public security organ evades investigation or trial after it has taken compulsory measures, it is not subject to the time limit for prosecution.

The period for prosecution refers to the effective period for pursuing a crime or infringement in accordance with the Criminal Law of the People's Republic of China and other legal provisions. Where criminal conduct or tortious conduct has already exceeded the statute of limitations period prescribed by law, legal responsibility is no longer to be pursued.

The statute of limitations refers to the effective period for administrative punishment of the offender who is held accountable for the illegal act. If this time limit is exceeded, the administrative organ must not impose an administrative penalty on the perpetrator for the violation.

When determining the statute of limitations for filing and prosecuting a criminal case, it is necessary to know the scope within which the alleged crime should be sentenced and punished, and then determine how long the specific statute of limitations is based on the statutory maximum sentence.

Article 87 of the Criminal Law of the People's Republic of China: Crimes are not to be prosecuted after the following time periods:

1) Where the maximum sentence is less than 5 years imprisonment, 5 years have elapsed;

2) Where the maximum sentence is set at 5 to 10 years imprisonment, 10 years have elapsed;

3) Where the maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

4) Where the maximum sentence is life imprisonment or death, 20 years have elapsed. If it is deemed necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval. Article 390:The time "before being prosecuted" is defined by the time when the indictment is delivered to the people's court, and includes both the investigation and prosecution phases, and where during that stage, when the investigating organs review the criminal suspect's criminal conduct, they voluntarily confess criminal conduct that the investigating organs did not grasp, or where the investigating organs have already grasped but have not yet carried out interrogation, and voluntarily confess the criminal conduct, it is to be determined in accordance with "the suspect voluntarily confessed the criminal conduct before being prosecuted".

Legal analysis: The prosecution period refers to the effective period of criminal prosecution stipulated in the Criminal Law. Basics.

Legal basis: According to Article 87 of the Criminal Law, the crime shall not be prosecuted after the following time limits:

1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed; (2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed; (3) Where the legally-prescribed maximum sentence is 10 or more years imprisonment, 15 years have elapsed; (4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.