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The process for handling criminal cases:

In accordance with the "provisions of the criminal procedure law", the general criminal cases generally have to go through 3 stages, namely the stage of investigation (police), the stage of review and prosecution (the people's Procuratorate) and trial stage (people's court).

1, investigation:

The public security organ for the criminals or suspects can be detained. The detainee interrogation, detention shall be within 24 hours after. The criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, can hire lawyers to provide legal advice, to its appeal, accuse agent. The appointed lawyer shall have the right to the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody of criminal suspects, to understand the circumstances of the case concerned.

The public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days. For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days. The people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notify the people's procuratorate. If further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

If the criminal suspect is arrested, the appointed lawyer may apply for bail.

The public security organ for investigation of criminal suspects arrested after the period of detention shall not exceed two months. The case is complex, cannot be concluded within the time limit of the case, may be extended by one month after the approval of the people's Procuratorate at the next higher level.

The public security organ shall be the end of the investigation, the criminal facts are clear, evidence really, fully, and write the prosecution of submissions, together with the case file and evidence, to the people's procuratorate together with the review decision.

2, the prosecution:

The people's Procuratorate to examine the case, shall interrogate the criminal suspect, to listen to the victims and criminal suspects, the entrusted people's opinion.

Since the case is transferred for examination before prosecution, public prosecution cases, criminal suspects have the right to entrust defenders. The accused in a private prosecution shall have the right to entrust defenders at any time.

The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders. The people's court after accepting a case of private prosecution, within three days, should inform the defendant has the right to entrust defenders.

Defense lawyers of the people's Procuratorate date, consult, extract, copy the file documents, technical identification of material, can meet with the criminal suspect in custody and communication.

The people's Procuratorate for the public security organs for prosecution, shall make a decision within one month, major and complex cases, can be extended for half a month.

The people's Procuratorate considers that the facts of the crime suspects have been ascertained, the evidence is reliable and sufficient, shall be investigated for criminal responsibility according to law, shall make a decision to prosecute, in accordance with the provisions for trial jurisdiction, to the people's court proceedings.

3, the trial:

The people's court for prosecution review, for the indictment with clear criminal facts and with the list of evidence, witness list and photocopies or photographs of major evidence, it shall decide the trial. Except those involving state secrets or personal privacy case, the people's court trial of cases of first instance shall be heard in public.

Defense attorneys from the day the court handles the case, consult, extract, copy the case of the facts of the crime accused materials with the defendant in custody, can meet and communication. During the hearing, counsel for the defense of the accused.

The people's court shall accept the case of public prosecution, within one month after the sentence, not later than one month and a half. 163rd 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, may be extended by one month.

The court, the people's Court on the basis of the established facts, evidence and the relevant legal provisions, shall make the following judgments:

(a) the case facts are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, shall make a guilty verdict;

(two) according to the law, the defendant is innocent, shall make a judgment of acquittal;

　Relevant laws and regulations:

The concept of

The criminal case refers to the criminal suspects or defendants accused of violating the social relations protected by criminal law, the state in order to criminal responsibility shall be investigated for criminal suspects or defendants are on file for investigation and prosecution, trial and criminal sanctions (such as fine, are to be sentenced to death, deprived of political rights, etc.) case.

Elements

(a) time of crime elements

(two) the spatial elements of crime

(three) the case related factors

(four) cases related to behavioral factors

(five) cases related factors

The basic characteristics of

(a) the external manifestations of direct infringement form

(two) the majority of cases there was the scene of the crime

(three) cases of causal complex

(four) cases with stage and the abrupt

The difference between criminal and civil cases

Civil cases follow generally will not ignore the principle, namely, the parties do not take the initiative to request the state judicial organs of the state, judicial authority does not intervene the dispute between the parties. And matters are generally national criminal judicial organs involved in the initiative, the victim or the masses report, report, the public security, procuratorial organs will be involved in the investigation. Then by the procuratorate accused the prosecution on behalf of the state, by the court on behalf of legal sanctions. The criminal illegal evidence is very obvious, in-depth analysis of these characteristics, can help us to understand the concept of criminal illegal evidence, helps in the judicial practice, the correct determination of the criminal illegal evidence that choice and use.

(a) illegal. Illegal is the key of illegal evidence from legal evidence, is the most important feature, the nature of criminal illegal evidence. China's criminal procedure and the system of legal norms, the evidence collection, preservation, fixed and review as well as the forms are made strict restrictions, in accordance with these Provisions, is the legitimate evidence, these evidence is inconsistent with the illegal evidence. Visible, illegal evidence refers to the characteristics of the so-called, is the evidence does not comply with the legal norms of criminal procedure and system. Illegal evidence is illegal, and some showed characteristics of violation of legal norms of criminal procedure and the system of mandatory provisions, such as torture to extract confessions. Some performance characteristics of violation of legal norms and general provisions of criminal procedure system, such as lawyers one investigation.

(two) association. Association also called correlation of illegal evidence, proof of illegal evidence is a link that must be treated with evidence of the facts of the case, namely the crime exists, whether the crime the suspect, the defendant, and proof of criminal suspects and defendants, crime, crime related facts associated with. This contact some of the performance and the facts of the case are objective and true, for example, to torture to extract confessions obtained by means of the criminal suspect guilty true confessions. Some of the facts of the case have no real connection, but ultimately with the facts of the case to demonstrate a link between, for example, that a witness, the criminal suspect is not the time of the crime, the evidence is true, the case and no contact, no meaning to prove the facts of cases. But the suspect of crime and no evidence, therefore, are also considered to be related, otherwise, there is no need to apply the exclusionary rules of illegal evidence exclusion of its application. For example, a criminal suspect is charged with murder, but a witness perjury said the suspect is not in the crime of rape crime scene, although the evidence is illegal, but the suspect was charged with murder, according to the application of correlation rules can be ruled out the evidence, and does not need to apply the exclusionary rule of illegally obtained evidence.

(three) on the objectivity of. A kind of viewpoint thinks, illegal evidence must be objective facts. The suspect in the crime, will inevitably have to have contact with all things around, exposed to some people and things, cause changes in the environment and leave traces, as perceived by the people around, or in the criminal process, to the use of certain items, in short, for the crime of the trace and the suspect used items, as well as the impression left in people's minds, is the objective existence of the facts, is not move with the person's volition. Thus, even illegal evidence has objectivity, all subjective, suspected of speculation, hearsay, not with the real objective things, do not belong to the category of illegal evidence.

The idea is simple to apply to people about the objectivity of evidence discussed, is not scientific. From the realistic angle, the criminal illegal evidence can be divided into two categories, one category is the objective existence, the real criminal illegal evidence, it is really leave the criminals in crime in the process of traces used articles, etc.. Undeniable, this part of the evidence although illegal, but also has the objectivity, in accordance with the above views. Another class of criminal illegal evidence refers to the false criminal illegal evidence, the goods they not criminals leave traces in the criminal process or used, such as torture to extract confessions from suspects confession is false, the appraisal conclusion again because the appraiser qualification is not enough to completely untrue. The evidence is very difficult with objectivity. Therefore, this article believes that, the general characteristic of objectivity is not criminal illegal evidence. As the general characteristics of the criminal illegal evidence, can only be illegal and relevance.

　　The relevant legal knowledge:

Defense lawyers for the court to inform the witnesses, authenticators, inspection record producer testify, should make the personnel list, indicate the identity, address, contact information, and how to prove the facts, 5 days before the hearing before the court. The defense lawyer to read out in court, evidence, shall make a list of evidence and the facts to be proved, 5 days before the hearing will copy and list of evidence before a court. List of evidence should specify the name, type, evidence of the facts to be proved, the sources of evidence, pages etc..

Defense attorneys received notice of court session should be on time to appear in court, in court by one of the following circumstances can not, should be timely and court, request to postpone the hearing: (a) the other received notification date of the hearing and have received the case trial date conflict; (two) found significant evidence, further investigation and collection of evidence or to apply for a new the witness to testify in court; (three) is unable to sit in any reasonable time.

A lawyer for the postponement of the hearing, not approved, does not appear in court, should be entrusted with the consultation, properly resolve. Defense lawyers in the trial within three days before it received notice of appearance, have the right to request the court to change the date of the hearing. Before the trial lawyer to court to inform the witnesses and expert witnesses, inspection record producer testify situation. If there is no notice or did not inform the situation, should be timely and court settlement. The counsel should staff understand the public prosecutor, the court consisting of the defendant, to determine whether the application for withdrawal and whether to challenge for cause.

Defense counsel before the court shall, according to the case facts and evidence, making the appearance outline. To outline the contents include: (a) ask the outline (including ask the defendant, CO defendants, victims, witnesses, expert witnesses); (two) examination opinions (challenged the prosecution evidence three); (three) the proof outline (evidence directory); (four) the defense opinion and reply outline.

 

Shenzhen Futian, Nanshan / / / Luohu / Longgang / Baoan / criminal lawyer