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Briefing the different stages on the criminal procedure in China

author:James Ling Released in:2016/7/29 15:21:23 Click quantity:

As an ancient long-history, revolution from thousands of years' feudalism, now emerges into globalization tide with special Chinese socialism. You may interest how much difference with western legal system on the criminal procedure. abbreviatly introduce herewith for you insight.


The first stage is accepting and recording case by police bureau , and with the criminal investigation will be initiated if being satisfied by their standard of filing case when possible crime committed from citizens' report or daily -duty check.

The suspect who is interrogated or detentioned has right to consulte Chinese lawyer, in the investigation period, our lawyers are not criminal defender, just a legal assistant.  we can meet the suspect for comforting and stabilizing his emotions ; to comprehsively catching the charges involved ; to apply bail for the suspect ; making legal opinions to the investigation ; providing proposal to the Procuratorate not approve arrest ; lodge complaint to superior authority aginst the illegal behavior and methods conducted by public security ( as name policemen bureau ).


The second stage is Examination and Approval for Public Prosecution by Procuratorate with the furnished evidences and documents referred from Public Security which think should initiate criminal trial upon the results of  concluding investigation.


In this stage, we can conduct our work as criminal defense lawyer officially.  Our work actions include consulte, extract and copy the filing documents and experts' verification materials ; Meeting and corresponding with the defendant in custody ; To carry out Supplemetary investigation upon our rebuttal and collecting relevant evidences to prove the innocence or lighter offence of the defendant; requesting Public Attorney ( our China is named of Procurator ) to check, verify the credibility of witnesses' testimony, contradicted New evidences.

Appeal to the public Prosecution organ ( Name as Procuratorate ) for the falsified prosecution, and request to dismiss charge ; Putting forward the opinions to change the compulsory measures in accordance with laws and behaviors of defendant.


Last but not the least is Trial 


China's jurisdiction has four echelons of people's court, that is the Supreme people's court in Beijing,  a High people's court in every province , a intermediate people's court in every  prefecture level city , and the last primary people's court in very county level city. Generally, the grassroot people's court has jurisdiction over all ordinary cases occured in the local except those cases that fall under the jurisdiction of the people's court at high level as stipulated by the procedure law.


Of course these is the most important stage to rebuttal the prosecution from Public Attorney. attention, in our China criminal procedure, there is not plea bargaining. We will use our professional to crossing_examination of authenticity,legitimacy, relevant of evidences present by public Attorney ; to ferociously participate court debate for the admissibility of evidences,  the applicable laws, the criteria for conviction and sentencing to mitigate risk of defendant whom possiblly be verdicted of felony crime.


If defendant do not recognize the fairness trial of the first instance, he have right appeal to the superior court for the second instance trial in which is the final judgment and verdict.


 





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Email: linghuiming@yingkelawyer.com     Copyright  reserved by James Ling