1. Criminal cases are investigated by public security organs, unless otherwise provided by law.

2. Crimes such as illegal detention, extorting confessions by torture, and illegal search. In the process of legal supervision of litigation activities, the people's procuratorate may file a case for investigation if it finds that judicial staff have violated citizens' rights and damaged judicial justice by taking advantage of their powers.

3, for the public security organs under the jurisdiction of the staff of state organs to use their powers to implement major criminal cases, which need to be directly accepted by the people's procuratorate, the people's procuratorate at or above the provincial level may file a case for investigation.

4. Cases of private prosecution are directly accepted by the people's courts.

Second, the limitation of prosecution in criminal cases:

1, the limitation of prosecution is to stipulate the limitation of prosecution with different lengths according to the severity of legal punishment for various crimes:

(1) If the statutory maximum penalty is less than five years' imprisonment, the limitation period for prosecution shall be five years;

(2) If the statutory maximum penalty is more than 5 years but less than 10 year, the limitation period for prosecution shall be 10 year;

(3) If the statutory maximum penalty is fixed-term imprisonment of 10 years or more, the limitation period for prosecution is 15 years;

(4) If the statutory maximum punishment is life imprisonment or death penalty, the limitation period for prosecution shall be 20 years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.

2, in the people's Procuratorate, public security organs, state security organs to investigate, or after the people's court accepted the case, to avoid investigation or trial, not limited by the time limit for prosecution.

Three. Related knowledge: the statutory situation of limitation of prosecution

The provisions on statutory punishment in the specific provisions of China's criminal law include several different situations:

1. When a crime has several sentencing ranges, the length of the limitation of prosecution should be determined according to the actual situation of the crime, that is, the statutory maximum penalty of the sentencing range should be used to determine the limitation of prosecution.

2. It is not limited by the limitation of prosecution. According to the provisions of China's criminal law, if a people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts a case, it is not limited by the time limit for prosecution. If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution.

3. The restriction was interrupted. If a crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date when the latter crime is committed. Under normal circumstances, the limitation period of prosecution is calculated from the date of the crime. However, if the crime continues or continues, the limitation period for prosecution shall be counted from the date when the crime ends.

Four, criminal detention procedures:

1. When the public security organ carries out detention, there shall be no less than two people carrying out detention. He shall hold a detention certificate issued by the person in charge of the public security organ at or above the county level, show it to the detainee, and order the detainee to sign (seal) the detention certificate or press his fingerprint. If he refuses to sign or fingerprint, the person who executes the detention shall indicate it. If the detainee resists detention, the public security personnel have the right to use coercive means, including the use of restrictive means.

2. After detention, the public security organ shall notify the family of the detained person or the detention unit where he belongs within 24 hours, except that it will hinder the investigation or cannot be notified. If the people's procuratorate decides to detain, it shall notify the family members or the unit to which the detainee belongs.

3. The public security organ or people's procuratorate shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it should be released immediately.

4. When carrying out detention in different places, it shall notify the public security organ where the detainee is located, and the public security organ where the detainee is located shall cooperate.

5. In general, the longest detention period in criminal proceedings is 14 days. Major suspects who commit crimes on the run, commit crimes many times or commit crimes by gangs can be detained for up to 37 days.

6. According to the Organic Law of the National People's Congress, the Organic Law of Local People's Congresses and Local People's Governments at Various Levels and relevant judicial interpretations, when the public security organs and people's procuratorates decide to detain the following persons with special status, they need to report to the relevant departments for approval or filing:

(1) If deputies to people's congresses at or above the county level are detained for flagrante delicto, the organ that decides to detain them shall immediately report to the presidium or standing committee of the people's congress where they belong; If detention is necessary for other reasons, the organ that decided to detain it shall report to the presidium or standing Committee of the people's congress to which the representative belongs for permission;

(2) When foreigners and stateless persons who do not enjoy diplomatic privileges and immunities decide to take criminal detention, they shall report to the relevant departments for examination and approval. In remote areas such as Tibet and Yunnan, if it is too late to report, they can report it while implementing it, and at the same time seek the opinions of the foreign affairs offices of provinces, autonomous regions and municipalities directly under the Central Government and the competent departments of foreigners.

(3) When taking criminal detention of foreign students, they should seek the opinions of local foreign affairs offices and higher education departments and bureaus, and report to the Ministry of Public Security or the Ministry of National Security for approval.

Legal basis:

Article 19 of the Criminal Procedure Law of People's Republic of China (PRC) Criminal cases shall be investigated by public security organs, except as otherwise provided by law.

Crimes such as illegal detention, extorting confessions by torture, and illegal search. The people's procuratorate may file a case for investigation of illegal acts found by judicial personnel in the process of legal supervision of litigation activities. If a major criminal case of a functionary of a state organ under the jurisdiction of a public security organ needs to be directly accepted by a people's procuratorate, it may be placed on file for investigation upon the decision of a people's procuratorate at or above the provincial level.

Cases of private prosecution are directly accepted by the people's courts.

Article 87 of the Criminal Law of People's Republic of China (PRC) * * * A crime with a limitation period shall not be prosecuted after the following period:

(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;

(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;

(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;

(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.

Article 115 of the Criminal Procedure Law of People's Republic of China (PRC) * * * The public security organs investigate criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, and the crime is light or heavy. 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 of the Criminal Procedure Law of People's Republic of China (PRC) * * * After investigation, the public security organ shall conduct pre-trial for cases with evidence to prove the facts of the crime, and verify the evidence materials collected and collected.