according to the provisions of the criminal procedure law, general criminal cases generally go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court).
1. Investigation stage:
The public security organ may criminally detain a flagrante delicto or a major suspect. A detained person shall be interrogated within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, appeal and accusation on his behalf after the first interrogation by the investigation organ or from the date when compulsory measures are taken. The entrusted lawyer has the right to know the alleged charges of the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant cases from the criminal suspect.
if the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the time for submitting for examination and approval may be extended by one to four days. For major suspects who commit crimes on the run, commit crimes repeatedly or commit crimes in collusion, the time for submitting for examination and approval may be extended to 3 days. The people's procuratorate shall, within seven days after receiving the letter of approval from the public security organ, make a decision on whether to approve the arrest or not. If the people's procuratorate does not approve the arrest, the public security organ shall release it immediately after receiving the notice and notify the people's procuratorate of the implementation in time. For those who need to continue the investigation and meet the conditions of obtaining a bail pending trial or residential surveillance, they shall be released on bail pending trial or residential surveillance according to law.
if a criminal suspect is arrested, the lawyer hired can apply for bail pending trial.
The period of investigation and detention of a criminal suspect by a public security organ shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
when investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, and write a prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision together with the case file and evidence.
stage of examination and prosecution:
when examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim.
the criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time.
the people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender.
defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials of this case, and can meet and correspond with the criminal suspect in custody from the date when the people's procuratorate examines and prosecutes the case.
the people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and may extend it by half a month for major and complicated cases.
if the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution and bring a public prosecution to the people's court in accordance with the provisions on trial jurisdiction.
III. Trial stage:
After reviewing the case in which public prosecution was initiated, the people's court shall decide to hold a trial if the indictment contains clear facts of the alleged crime and is accompanied by a list of evidence, a list of witnesses and copies or photos of the main evidence. Except for cases involving state secrets or personal privacy, the people's courts shall try cases of first instance in public.
since the people's court accepts the case, the defense lawyer can consult, extract and copy the materials of the criminal facts alleged in this case, and can meet and correspond with the defendant in custody. At the trial, the defense lawyer defended the defendant.
when trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, and no later than one and a half months. Under any of the circumstances stipulated in Article 163 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.
After the court heard the case, the people's court made the following judgments according to the ascertained facts, evidence and relevant legal provisions:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to the law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;