1. accepted

After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, it shall decide to hold a hearing. For those who do not need to be sentenced, they may request the people's procuratorate to withdraw the prosecution.

2. Pre-trial preparation

(1) determine the members of the collegial panel;

(2) Send a copy of the indictment of the People's Procuratorate to the defendant at the latest before the opening of the court session 10, and inform the defendant that he can entrust a defender and appoint a defender for the defendant if necessary;

(3) Notify the people's procuratorate of the time and place of the court session three days before the court session;

(4) Summon the parties and notify the defenders, witnesses, expert witnesses and translators. Summons and notices shall be served three days before the court session;

(5) announce the cause of action, the name of the defendant, the time and place of the court session in advance.

3. Court hearings

The trial includes four steps: court investigation, court debate, defendant's final statement, judgment and sentencing.

After the procuratorate is handed over to the court, the procedure mainly includes three steps: acceptance, pre-trial preparation and trial, in which the trial includes four stages: court investigation, court debate, defendant's final statement, judgment and sentencing. After the procuratorate is handed over to the court, the trial usually ends within two months, and in special circumstances, it does not exceed three months at the latest. If it is necessary to extend the time, it should be reported to the superior for approval.

The time limit for transfer to the procuratorate for arrest is:

1. The procuratorate has decided that the time limit for approving the arrest is 7 days. If the public security considers it necessary to arrest the detained person, it shall submit it to the procuratorate for examination and approval within 3 days after detention. Under special circumstances, the time for submission and approval may be extended by 1 to 4 days.

2. For major suspects who commit crimes on the run, commit crimes for many times or commit crimes by gangs, the time for reporting for examination and approval can be extended to 30 days.

The procuratorial organ shall make a decision on whether to approve the arrest within 7 days.

The review time limit for the transfer of prosecution by the procuratorate is generally two to three months. From the time when the procuratorate approves the arrest to the time when the case is transferred to the court, the public security organ needs to investigate, and the investigation period is two months (if the case is complicated, the procuratorate may approve the extension of the investigation for one month). Then the case is handed over to the procuratorate for review and prosecution. The time limit for examination and prosecution is generally 1 month, but it can be extended appropriately according to the needs of the case.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 176 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court.

If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.

Article 186 After the people's court has examined the case in which public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, it shall decide to hold a hearing.

Article 187 After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate to the defendant and his defender ten days before the hearing.

Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.

After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.

The above activities shall be recorded in the record and signed by the judges and the clerk.

Article 190 When a trial is held, the presiding judge shall ascertain whether the parties are present in court and announce the cause of action. Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense.

If the defendant pleads guilty and admits punishment, the presiding judge shall inform the defendant of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and examine the voluntariness of his confession and the authenticity and legality of his confession.

208th Article When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.

If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case.

The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.