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What is the basic process for handling criminal cases? I. Investigation Stage II, Review and Prosecution Phase III, Trial Phase

author:Mr. Zhang Derong

The process of handling criminal cases mainly includes three stages: investigation, review for prosecution, and trial. The details are as follows:

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What is the basic process for handling criminal cases? I. Investigation Stage II, Review and Prosecution Phase III, Trial Phase

<h1 class="pgc-h-arrow-right" data-track="3" >, the detection stage</h1>

1. Detention: Public security organs may criminally detain active criminals or major suspects. Detainees shall be interrogated within 24 hours of their detention. After being first interrogated by an investigative organ or on the date on which compulsory measures are taken, a criminal suspect may hire a lawyer to provide him with legal advice, represent him in appeals, or make accusations.

2. Arrest: Where the public security organs deem it necessary to arrest a detained person, they shall, within three days of their detention, request the people's procuratorate to review and approve the case in which the public security organ's investigation has been concluded, and shall ensure that the facts of the crime are clear, the evidence is credible and sufficient, and write out an indictment opinion, and transfer it to the people's procuratorate at the same level for review and decision together with the case file materials and evidence.

What is the basic process for handling criminal cases? I. Investigation Stage II, Review and Prosecution Phase III, Trial Phase

<h1 class="pgc-h-arrow-right" data-track="13" >2. Review and prosecution stage</h1>

1. From the date on which the case is transferred for review and prosecution, the criminal suspect has the right to retain a defender. Within three days of receiving case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect of the right to retain a defender.

2. Where the people's procuratorate finds that the facts of the criminal suspect's crime have been ascertained, the evidence is credible and sufficient, and criminal responsibility should be pursued in accordance with law, it shall make a decision to prosecute and initiate a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.

What is the basic process for handling criminal cases? I. Investigation Stage II, Review and Prosecution Phase III, Trial Phase

<h1 class="pgc-h-arrow-right" data-track="14" > third, trial stage</h1>

After the people's court conducts a review of the case in which public prosecution is initiated, it shall decide to hold a trial where there are clear facts of the alleged crime in the indictment and a list of evidence, a list of witnesses, and copies or photographs of the main evidence.

In addition, except in cases involving state secrets or personal privacy, the people's courts' trial of first-instance cases shall be conducted in public.

@Zhang Derong, Director of the Corporate Law Committee of Beijing Yunting Law Firm, Master of Laws of Chinese Min University. His areas of expertise are corporate litigation and criminal defense. He has presided over more than 100 equity litigation and company control struggle cases, and has handled many major difficult and complicated cases in the Supreme People's Court and won the case. In China Legal Publishing House, he published practical works such as "Battle for Company Control", "Company Defense War", "Interpretation of Company Law Adjudication Rules", "Overview of 25 Cases by Adjudication of Company Law and Guide to Handling Cases".