What is the process of a criminal case?

The basic process of a criminal case is that the public security organ accepts the case, files the case, investigates, prosecutes, and adjudicates.

First of allWhen a criminal case is reported, the public security organ shall file the case within 24 hours, and then organize police officers to investigate the case.

SecondlyThe 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.

FinallyAccording to Article 3 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs", the basic functions and powers of public security organs in criminal proceedings are 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is not pursued in accordance with law, the case is not filed, and the case that has already been pursued is withdrawn; In cases that should be prosecuted at the conclusion of the investigation, transfer them to the people's procuratorate for review and decision; Where criminal suspects who do not have sufficient criminal punishment need to be administratively handled, they are to be handled in accordance with law or transferred to the relevant departments; For convicts sentenced to fixed-term imprisonment, where the remaining sentence is less than three months before they are transferred for enforcement, the punishment is to be enforced on their behalf; Detention is carried out, deprivation of political rights, and deportation.

Data Extensions

Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating the social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant.

Criminal cases are divided into public prosecution cases and private prosecution cases. "Public prosecution cases" refers to cases in which a people's procuratorate initiates criminal proceedings in a people's court on behalf of the state to pursue the criminal responsibility of a criminal suspect.

Private prosecution refers to cases in which criminal proceedings require the victim to directly file a private criminal prosecution with the people's court. Specific procedures for private prosecution cases: The victim files a lawsuit with the people's court, and after the people's court hears the case, a verdict of guilt or innocence is made, and finally the victim is transferred to the law enforcement agency.

Specific procedures for public prosecution cases: Investigation and filing: The investigating organ accepts the report of the informant or the plaintiff, or the criminal clues discovered by the investigating agency itself, and files and investigates it.

Transfer for review for prosecution: At the end of the investigation, the investigating organ believes that the criminal suspect is suspected of committing a crime and initiates a public prosecution with the people's procuratorate, a written indictment, and attaches all the evidence of the case.

Initiation of a public prosecution: The Office of the Public Prosecutor, after reviewing the cases submitted for prosecution by the investigative authorities, shall initiate a public prosecution in cases that it considers to be sufficiently substantiated. where the evidence is insufficient, it shall be returned for supplemental investigation.

Court trial: The people's court accepts the case initiated by the procuratorate, organizes the parties to debate and debate the evidence, hears the defendant's statement, and makes a guilty or not guilty verdict based on the evidence of the case. Execution:

Criminal judgments of guilt shall be transferred to the enforcement organs for enforcement after the judgment takes effect. Law enforcement agencies include prisons, detention centers, communities, judicial organs, etc.

Legal basis: Article 109 of the Criminal Procedure Law of the People's Republic of China.

When public security organs or people's procuratorates discover the facts of a crime or a criminal suspect, they shall file and investigate the case in accordance with the scope of their jurisdiction.

Article 176 of the Criminal Procedure Law of the People's Republic of China.

Where 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 shall be pursued in accordance with law, it shall make a decision to prosecute, initiate a public prosecution in 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.

For criminal cases, first of all, of course, you get the criminal suspect first, which is generally summoned or disobedient detained and summoned, which is generally 12 hours, but with the approval of the person in charge of the case-handling department, it can be extended to 24 hours, but the longest cannot exceed 24 hours, and then within 24 hours, there must be a result.

If you feel that this person has criminal circumstances, you can submit to the procuratorate for approval of arrest, of course, you can detain him first, criminal detention is generally 3 days, that is to say, you must submit to the procuratorate for approval of arrest within three days, but for major cases, such as wandering, repeated, and gang-up crimes, this is the detention period can be extended by 1 to 4 days, but it needs to be approved by the higher public security organ.

After the arrest is the investigation, the investigation period is generally 2 months, and the general case can be extended by one month, that is, three months, but it needs to be approved by the public security organ at a higher level, and sent to the people's procuratorate at the same level to be forwarded to the people's procuratorate at the next higher level for approval seven days before the expiration of the time limit, and for major and difficult cases, it can be extended twice for two months, that is, a maximum of seven months, which also requires the approval of the person in charge of the public security organ at or above the county level, but it is sent to the people's procuratorate at the same level to be forwarded to the province, autonomous region, and the people's procuratorate at the same level before the expiration of the time limit 7 days before the expiration of the time limit The people's procuratorate of the municipality directly under the Central Government approves it, which means that the procuratorate approves this part of the upgrade. The above is a general investigation, as well as a technical investigation, this is three months, with the approval of the person in charge of the public security organ in the metropolitan area, it can be extended, there is no limit to the number of times, but each time does not exceed three months.

Finally, the freezing period of property, under normal circumstances, the freezing of deposits, remittances and other assets is half a year, of course, it can be renewed when it expires, and the freezing period of creditor's rights, **, etc. is two years, and it can also be renewed, and each renewal does not exceed 2 years.

For criminal cases, it involves issues such as personal freedom, so the requirements are relatively strict, so there are clear restrictions on the date of each link, and the increase requires strict approval procedures, and some procedures are subject to the supervision of the procuratorate, so the rigor is much stronger.

1. The public security organs file a case for investigation.

2. The evidence is conclusive and sufficient, and the arrest is carried out in accordance with the law.

3. The public security organs interrogate the suspects and enter the detailed information of the case process into the file.

4. The public security organs submit the case to the People's Procuratorate.

5. The procuratorate will check and review the case, and interrogate and confirm the suspect. Finish the whole case.

6. The procuratorate filed a lawsuit with the people's court.

7. The court ruled in accordance with the law.

8. Those who obey the judgment can serve their sentence in prison, and those sentenced to death need to submit it to the Supreme People's Court for review and execution.

9. If you do not obey the judgment, you can file a complaint with the provincial high court. After the second judgment, it is a final judgment and can no longer be appealed.

Where a fight causes minor injuries and is suspected of the crime of intentional injury, after the case is reported, the public security bureau shall file a case for investigation, and at the conclusion of the investigation, transfer it to the procuratorate for review and prosecution, and file a public prosecution with the court, and the court shall make a judgment in accordance with law. The entire legal process takes about five months. Legal basis:

Law of the People's Republic of China on Public Security Administration Punishments》 Article 9: Where violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

The process of criminal cases is as follows:

1. During the investigation phase, the detainee is generally detained for 14 days, but can be up to 37 days;

II. During the review for prosecution phase, the people's procuratorate shall make a decision within one month of a case transferred for prosecution by the public security organs, and in major or complicated cases, it may be extended by half a month;

III. During the trial phase, the people's courts hearing the case shall announce the verdict within one month of accepting the case, and must not exceed one and a half months.

Article 91 of the Criminal Procedure Law.

Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

The people's procuratorate shall, within 7 days of receiving the public security organ's request for approval of arrest, make a decision to approve the arrest or not to approve the arrest. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The flow of a criminal case is as follows:

1. Investigation: The public security organs may criminally detain current offenders or major suspects. Interrogation of detainees shall be conducted within 24 hours of detention;

2. In the review for prosecution, the people's procuratorate shall interrogate the criminal suspect when reviewing the case;

3. Trial, after the people's court reviews the case for which the public prosecution has been initiated, shall decide to try the case if there are clear facts of the crime charged in the indictment and a catalog of evidence, a list of witnesses, and a copy of the main evidence or **.

What are the types of punishment responsibilities in criminal cases?

There are six types of punishment liability in criminal cases:

1. Control, control is a kind of punishment that relatively restricts personal freedom as stipulated in the Criminal Law, and it is the lightest of the punishments. Where a people's court makes a judgment on a less serious crime, the public security organ is to enforce it at the person's place of residence. The period is more than 3 months but less than 2 years, and the maximum punishment for multiple crimes is not more than 3 years;

2. Short-term detention is a criminal judgment imposed by a court on a person whose circumstances and harmful consequences are relatively minor in accordance with the Criminal Law, and the public security organ is to enforce it at the nearest location, usually in a short-term detention facility. The time period is between 1 month and 6 months, and the maximum punishment for multiple crimes is not more than 1 year;

3. Fixed-term imprisonment of not less than 6 months but not more than 15 years. The maximum penalty for multiple crimes shall not exceed 25 years. Enforcement by the judicial organs in prisons or in places of re-education through labor;

4. Life imprisonment, the punishment of life imprisonment for a person who commits a more serious crime. A person sentenced to life imprisonment may be sentenced to a minimum sentence of 13 years after commutation if he or she has performed well or made meritorious service during the sentence. Enforcement by the Lingming judicial organs in prisons or other places of re-education through labor;

5. A two-year suspension of the death penalty shall be announced, and a two-year reprieve, shall be announced for criminals whose crimes are particularly serious and the death penalty has been imposed in accordance with law, but who is not necessary to be executed immediately. During the period of suspension of the death penalty, if the person who has been suspended for 2 years commits another crime intentionally, the people's court shall rule to carry out the death penalty, and if the performance is good and there is no intentional crime, the sentence shall be commuted to life imprisonment after the completion of the 2-year period, and if there is a major meritorious service during the period of suspension of the death penalty, the sentence shall be commuted to 25 years imprisonment after the completion of the 2-year period;

6. The death penalty is the death penalty of deprivation of life for crimes that are so heinous that not killing them is not enough to deserve the anger of the people. Generally, injection, electric shock, and shooting are used, and family members can collect the body. The execution of the death penalty shall be approved by the Supreme People's Court.

Legal basis:

Summary. Hello dear, glad to answer for you! Criminal cases mainly include the investigation stage of the investigating organ, the review for prosecution stage of the procuratorial organ, and the trial stage of the court (generally referred to as the first instance).

What is the process of a criminal case?

Hello dear, glad to answer for you! Criminal cases mainly include the investigation stage of the investigating organ, the review for prosecution stage of the procuratorial organ, and the trial stage of the court (generally referred to as the first instance).

In criminal cases, the investigating organs first investigate the facts of the case, and the public security organs mainly conduct investigations. Investigative organs may criminally detain current offenders or major suspects, and shall conduct interrogation within 24 hours of detaining the detained. After being interrogated for the first time by the investigating organ or from the date on which compulsory measures are taken, a criminal suspect may hire a lawyer to provide him with legal advice, appeals, or accusations.

Where, after investigation, the investigating organ finds that a crime has been constituted, the public security organ is to submit a written appeal and transfer it to the people's procuratorate for review together with the case. If the people's procuratorate finds that the facts of the criminal suspect's crime are clear and the evidence is credible and sufficient, it will initiate a public prosecution with the court. In public prosecution cases, criminal suspects have the right to retain a defender from the date on which the case is transferred for review for prosecution.

Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. After the people's court conducts a review of the case in which a public prosecution has been initiated, it shall decide to try the case where there are clear facts of the alleged crime in the indictment and a catalog of evidence, a list of witnesses, and a copy of the main evidence or **. Except in cases involving state secrets or personal privacy, the people's courts' trial of first-instance cases shall be conducted publicly.

The process of a criminal case is as follows: 1. When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file and investigate the case in accordance with the scope of its jurisdiction; 2. The public security organs may criminally detain current offenders or major suspects; 3. The people's procuratorate initiates a public prosecution against the suspect and submits the corresponding evidence to the court; 4. The court makes a corresponding judgment based on the evidence, and after the judgment, the prisoner will be handed over to the relevant departments for execution. Review for prosecution:

Where 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 shall be pursued in accordance with law, it shall make a decision to prosecute and initiate a public prosecution in the people's court in accordance with the provisions on trial jurisdiction.

The Criminal Procedure Law of the People's Republic of China

Article 176.

Where 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 shall be pursued in accordance with law, it shall make a decision to prosecute, initiate a public prosecution in the people's court in accordance with the provisions on trial jurisdiction, and transfer the case file with abrasives and evidence to the people's court. Where criminal suspects admit guilt and accept punishment, the people's procuratorate shall submit a sentencing recommendation on the primary punishment, supplementary punishment, whether a suspended sentence is to be applied, and transfer materials such as the plea affidavit with the case.