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1. Article 129 of China's "Criminal Procedure Law" stipulates that in cases where the public security organs have concluded their investigation, they shall ensure that the facts of the crime are clear, the evidence is 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. Article 142 of the Criminal Procedure Law of the People's Republic of China stipulates that if a criminal suspect falls under any of the circumstances provided for in Article 15 of this Law, the People's Procuratorate shall make a decision not to prosecute.
Where the circumstances of the crime are minor and it is not necessary to give a criminal punishment or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
In cases where the people's procuratorate decides not to prosecute, it shall simultaneously release the seizure or freezing of assets seized or frozen during the investigation. Where it is necessary to give administrative punishment or administrative sanction to the person not being prosecuted, or to confiscate their unlawful gains, the people's procuratorate shall submit a procuratorial opinion and transfer it to the relevant competent organ for handling. The relevant competent organs shall promptly notify the people's procuratorate of the outcome of the disposition.
Article 143:The decision not to prosecute shall be publicly announced, and the written decision shall be sent to the person not being prosecuted and his unit. If the person not prosecuted is in custody, he shall be released immediately.
Article 15 of China's "Criminal Procedure Law" In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted:
1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;
2) The statute of limitations for prosecution has already expired;
3) Punishment is waived by a special amnesty order;
4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;
5) The criminal suspect or defendant is deceased;
6) Other laws provide for exemption from criminal responsibility.
Synthesis of the above legal provisions:
1. The circumstances of the transfer to the procuratorate are: the facts of the crime are clear and the evidence is sufficient.
2. Generally, an arrest has been made in this case. Arrest will not be made unless the facts of the crime are unclear and the evidence is insufficient.
3. If no arrest is made, the public security organ must immediately release the public security organ when the procuratorate sends a notice of non-arrest to the public security organ.
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1.The investigation phase is generally 1-3 months, the inspection organs are generally 1-3 months, and the court pronounces the sentence within one month.
2.I don't know if it has anything to do with the Olympics, but the grapevine says that if it is not a major criminal case in the Olympic year, there will be an amnesty for cases that are not harmful to the country and society.
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The handling of criminal cases has nothing to do with the Olympics, please believe in our Criminal Procedure Law. Whether or not to approve an arrest depends on whether there is a need for arrest, and judging from this case, the suspect has not been released even though he has already pleaded guilty, and it is estimated that he has already been arrested.
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Summary. 1. If the court has opened WeChat, you can inquire through WeChat; 2. You can call the presiding judge to inquire about the progress of the case; 3. With my ID card, go to the court to inquire about the progress of the case, and don't be in a hurry to go after finding the court. First of all, the public security organs should accept the criminal case, and when a criminal case is reported, the public security organ should file the case within 24 hours, and then organize police officers to investigate the case.
1. If the court has opened WeChat, you can inquire through WeChat; 2. You can call the presiding judge to inquire about the progress of the case; 3. With my ID card, go to the court to inquire about the progress of the case, and don't rush to the spine hall after finding the court. When a criminal case is reported, the public security organ should file the case within 24 hours, and then organize police officers to investigate the case.
Secondly, the investigation stage of the case is the stage where the public security organs collect evidence. During the investigation period, the public security organs will interrogate the suspects, inspect the scene of the incident, and collect evidence. After the evidence is collected, a public prosecution will be filed with the people's court, and the people's court will try the criminal's criminal acts.
Finally, according to Article 3 of the "Procedural Rules for the Handling of Criminal Cases by Public Security Organs", the authority of the public security organs in criminal proceedings is to file, investigate, and pre-try criminal cases in accordance with the law; deciding on and enforcing compulsory measures; Where criminal responsibility is not pursued in accordance with law, the case is not filed, and the case that has already been pursued is withdrawn; In cases that should be prosecuted at the conclusion of the investigation, transfer them to the people's procuratorate for review and decision; Criminal suspects who are not subject to criminal punishment need to be administratively dealt with.
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What are the cases that belong to the complaint to be dealt with: insult and defamation cases (except for those that seriously endanger social order and national interests); cases of violent interference with the freedom of marriage; Cases of abuse of rent increase (except where the victim is unable to make a complaint, or is unable to make a complaint due to coercion or intimidation); Cases of embezzlement. Legal basis: Article 1 of the Supreme People's Court's Interpretation of the Application of the Criminal Procedure Law of the People's Republic of China directly accepted by the people's court
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Article 98 of China's Criminal Law clearly stipulates that "the term "handling only after complaining" in this law refers to the handling only after the victim tells it. If the victim is unable to make a complaint because they have been coerced or intimidated, the people's procuratorate and the victim's close relatives may also make a complaint.
Paragraph 3 of Article 18 of the Criminal Law of the People's Republic of China stipulates that private prosecution cases shall be directly accepted by the people's courts. Private prosecution cases include: cases in which the victim only handles the complaint; Minor criminal cases in which the victim has evidence to prove it; Cases where the victim has evidence proving that the defendant's conduct violating his or her rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs infiltrate and demolish or the people's procuratorate does not pursue the defendant's criminal responsibility.
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Summary. In the investigation stage of the public security organ, the case is confidential and cannot be inquired by anyone other than the party, if the case has a certain relationship with you, you can choose to inquire about the specific situation with the public security organ that undertakes the case.
Hello, here is the platform cooperation lawyer, happy to serve you!
I would like to ask, is it not possible for the parties to ask about the case?
Hello, non-coarse parties generally understand whether the case is accepted by the court, the court will not inform, only the parties or the lawyer of the party orange line can understand, non-parties can not casually understand the matters accepted by the case, non-when people want to understand only through the person to understand, there are parties to ask the court to accept the situation of Wu Town.
Hello, after signing the power of attorney with the lawyer, the lawyer will form a client relationship with you, and carry out the substantive stage of the case, so that you can understand all the facts of the case, and help the parties collect evidence and make all the rough preparations in the litigation stage.
In the investigation stage of the public security organs, the case is a dense case, Hongqiao can not let people other than the parties to make inquiries, if the infiltration case has a certain relationship with you, you can choose to inquire about the specific situation with the public security organ that undertakes the case.
Hope mine can help you!
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