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The basic principles of the Code of Criminal Procedure are:
1.Investigative, procuratorial, and adjudication powers are to be exercised by specialized organs in accordance with law, and the principles of legal procedures are strictly observed. According to article 3 of the Criminal Procedure Law, the public security organs are responsible for the investigation, detention, execution of arrest and preliminary trial of criminal cases.
2.The principle of independent exercise of authority by the people's courts and people's procuratorates in accordance with law. According to article 5 of the Criminal Procedure Law, the people's courts exercise their adjudication power independently in accordance with the provisions of the law, and the people's procuratorates exercise their procuratorial powers independently in accordance with the provisions of the law, without interference from administrative organs, social organizations or individuals.
3.The principle of division of labor and responsibility, mutual cooperation and mutual restraint. According to article 7 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs shall divide their responsibilities and cooperate with each other in conducting criminal proceedings, and check each other to ensure the accurate and effective enforcement of the law.
4.The people's procuratorates implement the principle of legal supervision over criminal proceedings in accordance with law. In accordance with article 8 of the Criminal Procedure Law, the people's procuratorates exercise legal supervision over criminal proceedings in accordance with the law.
5.Criminal suspects and defendants have the right to the principle of a defense. According to the provisions of the Criminal Procedure Law, the defendant has the right to a defense, and the people's court has the obligation to ensure that the defendant receives a defense.
6.Without a judgment by a people's court in accordance with law, no one may be found guilty. According to article 12 of the Criminal Procedure Law, no one may be convicted without a judgment rendered by a people's court in accordance with law.
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Yang Xiong: The basic principles of the Criminal Procedure Law.
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Answer: The principles pursued in China's criminal procedure include the principle that the powers of investigation, prosecution, and adjudication shall be exercised by specialized organs in accordance with the law, the principle of due process, the principle of the people's courts and people's procuratorates independently exercising their powers in accordance with the law, the principle of relying on the masses, the principle of open trials, and the principle that criminal suspects and defendants have the right to a defense. Wait a minute.
Legal basis: Article 3 of the Criminal Procedure Law: The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions.
The people's courts are responsible for trials. Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers.
The people's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant rules and regulations of this Law and other laws.
Article 5: People's courts independently exercise adjudication power in accordance with the provisions of law, and people's procuratorates exercise procuratorial power independently in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.
Article 6: People's courts, people's procuratorates, and public security organs conducting criminal proceedings must rely on the public, must have the facts as their basis, and the law as their measure. All citizens are equal in the application of the law, and no privileges are allowed before the law.
Article 7: People's courts, people's procuratorates, and public security organs conducting criminal proceedings shall divide labor and responsibility, cooperate with each other, and restrain each other, so as to ensure the accurate and effective enforcement of the law.
Article 8: People's procuratorates carry out legal supervision of criminal proceedings in accordance with law.
Article 9: Citizens of all ethnic groups have the right to conduct litigation in their own spoken and written languages. People's courts, people's procuratorates, and public security organs shall interpret for litigation participants who are not proficient in the spoken and written language commonly used in the locality.
In areas where ethnic minorities live in large concentrations or where multiple ethnic groups live together, trials shall be conducted in the language commonly used in the locality, and judgments, notices, and other documents shall be published in the language commonly used in the locality.
Article 10: People's courts adjudicating cases are to implement a two-instance final adjudication system for omissions.
Article 11: Except as otherwise provided by this Law, the trial of cases by the people's courts is to be conducted in public. Defendants have the right to a defense, and the people's courts have the obligation to ensure that the defendant receives a defense.
Article 12: No one must be found guilty without a people's court's judgment in accordance with law.
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Legal analysis: "The principles pursued by Qiaoluhe's criminal procedure in China are as follows: 1. The principle of filial piety shall be exercised by specialized organs in accordance with the law with the powers of investigation, prosecution and adjudication; 2. Strictly abide by the principles of legal procedure; 3. The principle of independent exercise of authority by the people's courts and people's procuratorates in accordance with law; 4. The principle of relying on the masses; 5. The principle of openness in trials; 6. The principle that criminal suspects and defendants have the right to a defense; Wait a minute.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 7: People's courts, people's procuratorates, and public security organs conducting criminal proceedings shall divide labor and responsibility, cooperate with each other, and restrain each other, so as to ensure the accurate and effective enforcement of the law.
Article 8: People's procuratorates carry out legal supervision of criminal proceedings in accordance with law.
Criminal proceedings do not have the concept of a time limit, but are called statutes of limitations. As long as the people's procuratorate finds that it is necessary to prosecute, it is not subject to the time limit for prosecution.
"Criminal litigation participants" refers to persons who participate in criminal litigation activities in addition to the staff of the investigative, procuratorial, and adjudication organs, and enjoy certain procedural rights and bear certain procedural obligations in accordance with law. According to the provisions of the Criminal Procedure Law, participants in criminal proceedings mainly include: parties, legally-prescribed persons, litigants, defenders, witnesses, evaluators and translators. >>>More
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