Ordinary criminal case to go through several stages
Created:
/Author:
Aaron Lewis
The general need to be investigated for criminal responsibility in criminal cases to go through the investigation organ (public security organs, people's Procuratorate anti corruption bureau to review the prosecution investigation stage), the trial stage, the court of the three entity procedure.
The investigation stage, the investigation organ: the investigation organ (public security organs, people's Procuratorate anti corruption Bureau) was established at this stage of the job is to collect evidence to prove the crime.Deadline: from criminal suspects arrested when the detection period of 2 months.The general case can end the investigation in this term.If in this period can not complete the investigation, according to the relevant provisions of the criminal procedure law, to extend the period in three with the prolonged conditions and handle the relevant formalities can also, the first time can be extended for 1 months, the second can be extended for 2 months, the third can be extended for 2 months.The investigation organ from a criminal suspects detained by criminal investigation to the beginning of the end of the stage of investigation, the case handling time is zero for 7 days in August.
Two, the procuratorate for examination and prosecution stage: the investigation organ in the collection of evidence, the case materials to the procuratorate.Procuratorate to examine whether the fact of the case clearly in this stage, the characterization is accurate, the evidence is sufficient, whether or not in line with the conditions for prosecution.Deadline: a month, can be extended for half a month, the general case can complete the examination within one and a half months period.If the procuratorate in the review considers the case problems, can put forward the supplementary investigation.Supplementary investigation is limited to two times, each time a month.Each supplementary investigation after the re calculation period.The procuratorate for examination and prosecution of the longest period of six months.
The trial stage, the court's Procuratorate think: three cases subject to prosecution, to transfer the case to the trial court.The court duties at this stage is from the fact, the qualitative evidence, judge's Procuratorate prosecute the case is established, and make a decision according to the different situation.Deadline: court prosecution cases should be handled within one month after the sentence, not later than one month and a half.Some special cases after approval, may be extended by one month.The general case can be concluded within two months.Special circumstances: The parties and counsel for the summon new witnesses, collect new evidence, to apply for re identification or inspection, the judges according to the specific circumstances, that may affect the case facts, should agree to the application, and announced the postponement of the hearing, hearing is postponed time shall not exceed one month, deferred trial time not included in the time limit.In this case the court shall, within three months of the time limit within the law case.
During the trial, prosecutors found that cases requires supplementary investigation, the postponement of the hearing suggested, the collegial panel shall agree.But the number of suggestions to adjourn the trial shall not be more than two times.In this case, the court shall be nine and a half months period law case.
Four, if the defendant and the procuratorate the verdict of the first trial in ten days to appeal and appeal, the court of second instance trial period requirements are the same with the first instance.
In general, the longest can how long?
According to the "law of criminal procedure",The longest period of detention is 30 days,But after detention submitted to procuratorateApproved the arrest of a period of 7 days,So the actual detention period is 37 days.Investigation after arrest period is generally two months, but relates to special cases (such as bribery) is the longest can be up to 7 months.Since then, the case willTransferred to the procuratorate for examination and prosecution, the general is a half moonIf the procuratorate, deems it necessary, will the case back to the investigation organ for supplementary investigation, should be completed within 1 months, the supplementary investigation is limited to two times, after transferred to the procuratorate for supplementary investigation, the procuratorate to calculate time limit for examination and prosecution, if the procuratorate investigation right exhaustion of supplemental, case from the first transferred to the procuratorate to procuratorate to date, to the court, which is the longest 6 months.LaterCourtThe trial of the case to distinguish between different circumstances1, apply the ordinary procedure of first instance trial of the criminal case of public prosecution, the accused in custody the first trial of criminal cases of private prosecution and the trial of criminal public prosecution, private prosecution cases for the period of one month, not later than one and a half months; the incidental civil lawsuit trial period, after the approval of the president of the court, can be extended to two month.126th law of criminal procedure under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, the trial period may be extended by one month; the Supreme People's Court of criminal appeals, criminal protest cases, the Supreme People's court decision, the trial period may be extended by one month.The defendant
2, applicable to ordinary procedure of first instance not in custody of criminal private prosecution cases, for a period of six months; if extension is needed, the approval of the president of the court, may be extended for three months.
3, for summary trial of criminal cases, the trial for a period of twenty days.
in jailCould take as long as 15 and a half months.