The process after the court receives the public prosecution from the procuratorate

Legal analysis: 1. Cases transferred for review and prosecution shall be accepted by the backstage. The backstage will hand over the case to the undertaker within 24 hours according to the prescribed division method, and report the case acceptance and division to the department head.

2. The undertaker shall conduct acceptance review within three days after receiving the case. After examination, the undertaker shall hand over the case to the back office in time, fill in the registration form for examining and prosecuting the case accepted on the same day, and report it to the department head.

3, after accepting the case, generally in accordance with the provisions of the original division of labor in a timely manner to the undertaker, under special circumstances, the attorney general designated the undertaker of the case. The case undertaker 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, and at the same time inform him of his financial difficulties, and may apply for legal aid from a legal aid institution.

4. The case undertaker shall, within three days from the date when the public prosecution department receives the case materials transferred for examination and prosecution, inform the victims and their legal representatives or their close relatives, the parties involved in incidental civil litigation and their legal representatives that they have the right to entrust agents ad litem, and at the same time inform them that if they are in financial difficulties, they may apply for legal aid from legal aid institutions.

5. The case undertaker shall review the test paper and make a record of the test paper. The scoring record shall extract the main evidence to prove the facts of the case.

6. When examining a case, the case undertaker shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim.

7. In the process of case review and prosecution, if the case undertaker thinks it is necessary to arrest the criminal suspect, he shall put forward his opinions. After the approval of the department head, he shall make an opinion on arresting the criminal suspect and transfer it to the investigation and supervision department of our hospital for review together with the case materials.

8. If the public security organ and the investigation department of our hospital think that the criminal facts are unclear, the evidence is insufficient, or the suspects in the same case are omitted, and they think that supplementary investigation is needed, they shall put forward specific written opinions and return them to the public security organ or the self-investigation department of our hospital for supplementary investigation together with the case file materials.

9. After the case review is completed, the case undertaker shall make a report on the end of the case review, and put forward opinions on the facts, evidence, characterization, prosecution or non-prosecution of the case and whether it is necessary to file an incidental civil lawsuit.

10. If summary procedure is suggested, the case undertaker shall make a proposal for summary procedure, which shall be transferred to the people's court together with the indictment, the whole case file and the evidence materials when public prosecution is initiated.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 172 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.

Article 182 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.