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 impose criminal detention on the flagrante delicto or major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect. Second, the stage of examination and prosecution: when the people's procuratorate examines a case, it should 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. 3. Trial stage: After the people's court has examined the case in which the public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and there is a list of evidence, a list of witnesses and a copy or photo of the main evidence, it shall decide to hold a trial. Except for cases involving state secrets or personal privacy, the people's courts try cases of first instance in public. When trying a case of public prosecution, the people's court shall pronounce a judgment within one month after accepting it, but not more than one and a half months at the latest. Under any of the circumstances stipulated in Article 163 of the Criminal Procedure Law of People's Republic of China (PRC), it may be extended for another month with the approval or decision of the Higher People's Court of the province, autonomous region or municipality directly under the Central Government.
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Criminal Procedure Law of the People's Republic of China
Article 115 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 116 After investigation, a public security organ shall conduct a preliminary examination of a case with evidence to prove that there are criminal facts, and verify the evidence materials collected and collected.
Article 118 The interrogation of a criminal suspect must be conducted by investigators of a people's procuratorate or a public security organ. During interrogation, there shall be no fewer than two investigators.
After the criminal suspect is sent to the detention center for custody, the investigators shall interrogate him in the detention center.
Article 119 A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
Article 164 The provisions of this chapter shall apply to the investigation of cases directly accepted by people's procuratorates.
Article 165 If the cases directly accepted by the People's Procuratorate conform to the provisions of Articles 81 and 82, paragraphs 4 and 5 of this Law, and it is necessary to arrest or detain the criminal suspect, the People's Procuratorate shall make a decision and the public security organ shall implement it.
Article 166 A people's procuratorate shall interrogate a person detained in a case directly accepted within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.