Time limit for applying to the procuratorate for supervision and filing a case

The time for the procuratorate to file a case for supervision is fifteen days.

If the investigation and supervision department of the people's procuratorate notifies the public security organ to file a case, it shall follow up and supervise the implementation of the notified case according to law. If the public security organ refuses to file a case within fifteen days after receiving the notice of filing a case, the investigation and supervision department of the people's procuratorate shall issue a notice of correcting the violation to correct it.

What is the procedure for the procuratorate to file a case for supervision?

1. Review

For the case clues that belong to the supervision of criminal filing, the back office should register and fill in the "Registration Form of Criminal Filing Supervision Clues" to conduct a serious and comprehensive review; Clues that do not belong to the supervision of criminal filing will be transferred to relevant departments for handling with the approval of the director of the department (department).

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Before asking the public security organ to explain the reasons for not filing a case, the investigation and supervision department shall conduct necessary investigations, and the investigation plan shall be reported to the person in charge of the investigation and supervision department and the competent procurator-general for approval. Investigation should find out whether it meets the conditions for filing a criminal case; Whether it belongs to the jurisdiction of public security organs; Whether the public security organ files a case. The investigation should be carried out in strict accordance with the law, and compulsory measures are strictly prohibited; The investigation should be conducted in secret, without revealing the intention, and generally without contact with criminal suspects.

3. Ask for reasons for not filing a case.

After investigating and verifying the relevant evidence, the investigation and supervision department of the people's procuratorate thinks that the public security organ should file a case for investigation instead of filing a case for investigation, and it is necessary for the public security organ to explain the reasons for not filing a case. With the approval of the Procurator-General, a Notice on Requirements for Explaining the Reasons for Not Filing a Case will be made, requiring the public security organ to explain the reasons for not filing a case in writing within seven days. Review the reasons for not filing a case

4. Review the reasons for not filing a case

The investigation and supervision department of the people's procuratorate shall conduct necessary investigations when examining the reasons why the public security organ refuses to file a case. After examination, it is considered that the reason why the public security organ does not file a case cannot be established, and it shall notify the public security organ to file a case. After the investigation and supervision department of the people's procuratorate issued the Notice of Asking for Explaining the Reasons for Not Filing a Case to the public security organ, if the public security organ fails to explain the reasons for not filing a case within seven days, the investigation and supervision department of the people's procuratorate may issue the Notice of Correcting the Violation, and if the existing materials clearly indicate that it is necessary to file a case for investigation, it may also directly issue the Notice of Filing a Case to the public security organ. If the public security organ takes the initiative to correct and file a case after receiving the notice from the procuratorial organ asking for the reasons for not filing a case, the people's procuratorate does not need to issue a notice of filing a case again.

5. Receiving complaints from victims

If the victim thinks that the public security organ will not file a case for investigation and lodge a complaint with the people's procuratorate, the people's procuratorate shall accept it. If the complaint department considers it necessary for the public security organ to explain the reasons for not filing the case after examination, it shall transfer the case to the investigation and supervision department for handling. After the public security organ explains the reasons for not filing a case, if the investigation and supervision department thinks that the reasons for not filing a case are established, it shall make a Notice of Examination Opinions on the Reasons for Not Filing a Case and notify the appeal department, which will inform the victim of the reasons and basis for not filing a case within ten days; If the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case.

6. Criteria for submitting cases by notice

Notifying the public security organs to file a case should be strictly controlled, and generally it should be a case that can be arrested, prosecuted and sentenced.

7. Decided to inform the case.

The investigation and supervision department of the people's procuratorate shall notify the public security organ to file a case, which shall be decided by the procurator-general. Major or difficult or complicated cases shall be submitted by the procurator-general to the procuratorial committee for discussion and decision.

8. Delivery and notification

When the investigation and supervision department of the people's procuratorate notifies the public security organ to file a case, it shall make a notice of filing a case, serve it on the public security organ, and send a copy to the investigation and supervision department of the people's procuratorate at the next higher level for the record. When the investigation and supervision department of the people's procuratorate serves the notice of filing a case, it shall also transfer the relevant materials that should be filed to the public security organ, inform the public security organ that it should file a case within 15 days, and serve the decision on filing a case to the investigation and supervision department of the people's procuratorate. "Relevant materials that should be put on file" mainly refers to the complaint materials of the victims, or the materials found by the procuratorial organs in the process of reviewing reports, approving arrests, and reviewing prosecutions. The investigation and supervision department of the people's procuratorate may not carry out investigation in the supervision of filing a case, but may conduct necessary investigation and verification on the relevant materials notified by the public security organ to file a case.

9. Follow-up supervision after filing the notice

If the investigation and supervision department of the people's procuratorate notifies the public security organ to file a case, it shall follow up and supervise the implementation of the notified case according to law. If the public security organ refuses to file a case within fifteen days after receiving the notice of filing a case, the investigation and supervision department of the people's procuratorate shall issue a notice of correcting the violation to correct it. If the public security organ still refuses to make corrections, it shall report to the investigation and supervision department of the people's procuratorate at the next higher level, which shall be handled by the public security organ at the same level, or report to the Standing Committee of the people's congress at the same level. If the public security organ has received the notice of filing a case, but has not delivered the decision on filing a case to the investigation and supervision department of the people's procuratorate, it shall request the public security organ to deliver the decision on filing a case to the investigation and supervision department of the people's procuratorate.

Although the public security organ has filed a case after receiving the notice of filing the case, it has not filed a case for investigation after filing the case, and it has been delayed for a long time. It should promptly urge and report to the investigation and supervision department of the procuratorate at the next higher level when necessary, which will urge the public security organ at the same level to correct it. If the conditions for arrest are met, it is suggested that the public security organ draw for arrest. To deliberately obstruct the investigation, it is necessary to suggest that the relevant departments seriously investigate and deal with it and hold the relevant personnel accountable. If a criminal suspect is at large, the public security organ shall be urged to intensify the pursuit.

The investigation and supervision department of the people's procuratorate has informed the public security organs that there are many criminal suspects, and the public security organs have only put some criminal suspects on file, and the investigation and supervision department of the people's procuratorate shall issue a Notice of Correcting Violation to correct them. If the investigation and supervision department of the people's procuratorate notifies the case to be filed and the public security organ cancels it after filing the case, if the investigation and supervision department of the people's procuratorate considers the case to be improper after examination, it shall issue a Notice of Correcting the Illegal Act and notify the public security organ to correct it.

Legal basis:

Procedures for handling criminal cases by public security organs

Article 182 The public security organ shall, within seven days after receiving the notice, explain in writing the situation, basis and reasons for not filing a case and reply to the people's procuratorate. If the public security organ makes a decision to file a case, it shall send a copy of the decision to file a case to the people's procuratorate.

If the people's procuratorate notifies the public security organ to file a case, the public security organ shall file a case within 15 days after receiving the notice and send a copy of the decision to file a case to the people's procuratorate.

Rules of criminal procedure of the people's procuratorate

Article 558 The people's procuratorate is responsible for accusing the procuratorial department of accepting the complaints and appeals against the public security organs that should or should not file a case, and shall examine them according to the facts and laws. If the public security organ needs to explain whether the decision not to file a case or to file a case is correct, it shall promptly transfer the case to the investigation and supervision department for handling; If the public security organ considers that there are reasons for filing a case or not, it shall make relevant legal documents and reply to the complainant and accuser.