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1. Where arrest is not approved, the people's procuratorate shall explain the reasons, and where it is necessary to supplement the investigation, it shall notify the public security organs at the same time.
2. Where the people's procuratorate does not approve the arrest, the public security organs shall immediately release them after receiving the notice, and promptly notify the people's procuratorate of the execution situation. 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.
According to the third paragraph of Article 69 of the Criminal Procedure Law of the People's Republic of China, "if the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice, and promptly notify the people's procuratorate of the execution situation." 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.
Article 102 of the Rules of Criminal Procedure of the People's Procuratorate: "Where the People's Procuratorate decides not to approve arrest, the public security organ shall, upon receipt of the decision not to approve arrest, immediately release the criminal suspect in custody or modify the compulsory measures, and send the execution receipt to the People's Procuratorate that made the decision not to approve arrest within three days of receiving the decision not to approve arrest." ”
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Hello, I have seen your question and am sorting out the answer, please wait a while
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What are the procedures after the procuratorate approves an arrest after causing minor injuries? According to the provisions of the Criminal Procedure Law, ordinary criminal cases generally go through three stages, namely, the investigation stage (public security organs), the examination and prosecution stage (the people's procuratorate) and the trial stage (people's courts). 1. Investigation stage:
Article 154: The period of investigative detention after 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 one month may be granted upon the approval of the people's procuratorate at the level above. Article 160: 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; At the same time, inform the criminal suspect and his defense lawyer of the transfer of the case.
II. Review for Prosecution Stage: Article 169: The People's Procuratorate shall make a decision within one month on cases transferred for prosecution by the public security organs, and may extend the period by half a month for major or complicated cases. Article 172: If 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 should be pursued in accordance with the law, it shall make a decision to prosecute, initiate a public prosecution with the People's Court in accordance with the provisions on trial jurisdiction, and transfer the case file materials and evidence to the People's Court.
III. Trial Phase: Article 202:People's courts hearing public prosecution cases shall announce the verdict within 2 months of accepting it, and must not exceed 3 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 156 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 has supplemented the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to solemnly recount the time limit for trial. Shouting spring shirts, is there anything you don't understand?
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According to China's Criminal Procedure BAI Law, the procuratorate
After the procuratorate approves the arrest, the investigation period of the public security organ is generally 2 months, but for the complex version of the case, the right to be extended can be extended for up to 7 months after approval. After the public security organs complete the investigation, they will transfer the case to the procuratorate for review and prosecution, and the time for review for prosecution is generally one month (i.e., one month to file a lawsuit with the court), but if the procuratorate finds that the facts of the case are unclear, it may request the public security organs to supplement the investigation, and the supplementary investigation time is one month, and the supplementary investigation may be conducted twice. Therefore, after the arrest is approved, the case will generally be prosecuted to the court within 3 months (the investigation will be reviewed and prosecuted for 1 month in February), and it is not accurate if the case is complicated and extended, but it should not exceed 12 months at most.
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Approve the arrest, prepare the materials, and initiate the prosecution. Trial, waiting for the outcome of the trial.
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If the facts are clear, the next step is to file a public prosecution with the court, and the court will convict and sentence you.
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Review for prosecution, prosecution, and trial.
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If no settlement is reached, the arrest will be granted. Where a fight results in injury to the victim, and the injury is assessed to be minor or higher, it constitutes the crime of intentional injury, and the sentence is up to three years imprisonment, short-term detention, or controlled release in accordance with law. If the criminal suspect and the victim reach an agreement on the issue of compensation and obtain the victim's forgiveness, the judicial organs may mitigate, commute, or waive criminal punishment.
Article 234 of the Criminal Law of the People's Republic of China Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, 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 the death of a person or causes serious injury to a person by especially cruel means, causing serious disability, shall 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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If no settlement is reached, the arrest will be granted. Where a fight results in injury to the victim, and the injury is assessed to be minor or higher, it constitutes the crime of intentional injury, and the sentence is up to three years imprisonment, short-term detention, or controlled release in accordance with law. If the criminal suspect and the victim reach an agreement on the issue of compensation and obtain the victim's forgiveness, the judicial organs may lenient, commute, or waive the criminal punishment.
Criminal Law of the People's Republic of China Article 234 02 [Crime of Intentional Injury] Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, 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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First of all, in cases of intentional injury, the standard for filing a criminal case can only be met after being assessed as minor injuries or above, and under normal circumstances, it can be resolved through coordination, rather than going through legal procedures. If the procuratorate does not approve the arrest, the compulsory measures must be changed, if the procuratorate believes that the evidence is insufficient, it can be returned for supplementary investigation, and the public security organ's supplementary investigation period is one month, and after the supplementary investigation is over, continue to report the arrest, if the evidence is insufficient, the procuratorate can still withdraw from the investigation, but the investigation can be withdrawn at most twice, so the arrest report you said is also at most twice, if the second supplementary investigation is rough, or the evidence is insufficient, The case must be withdrawn, and there are no cases of four consecutive arrests.
Article 234 of the Criminal Law: Whoever intentionally injures 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 and causes serious injury to a person is 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.
1. The statute of limitations for the crime of story injury is 5 years, which is still the period during which the statute of limitations can be pursued. It is difficult to say whether the police station will file a case, but if the police do not file a case, the husband can still file a private prosecution with the court (but with evidence), or ask the procuratorate to urge the police to file a case. Also, this case is a case of conversion of public prosecution and private prosecution. >>>More
In judicial practice, if the criminal suspect has a good attitude in admitting guilt after intentionally causing serious injury, compensates the victim's losses, and obtains the forgiveness of the victim or the victim's close relatives, the three departments of the public security, procuratorate, and law may release the criminal suspect on guarantee pending trial if the criminal suspect applies or another person applies on his behalf. 1. According to the provisions of China's current laws, in any of the following circumstances, the judicial department "may" or "shall" apply release on guarantee pending further investigation to a criminal suspect or defendant. (1) Where a sentence of controlled release, short-term detention, or an additional sentence might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who should be arrested in accordance with law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or breastfeeding their own babies; (4) Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient. >>>More
It is a case that can be prosecuted or privately prosecuted, and the most important thing for this kind of case is to see whether the evidence is sufficient, if the evidence is sufficient (the evidence can be transferred from the public security department), and it can be sentenced to intentional injury, then I suggest that you still choose private prosecution, after all, the private prosecution case has its own initiative, you can negotiate with the suspect, take more money and then withdraw the prosecution, which is good for you and good for him (he can have no criminal record), In addition, for private prosecution cases, if you are not satisfied with the first-instance judgment, you can still appeal on your own, and the decision to go through the public prosecution procedure to protest is not with you, and you only have the right to appeal against the civil part. >>>More