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What are the reasons for the increase in withdrawal, transfer, review and prosecution?
Why do prosecutors and prosecutors "like to withdraw the transfer for review and prosecution"? There are three main reasons: (1) affected by the assessment mechanism. First of all, it is influenced by the assessment mechanism of higher hospitals to lower hospitals. If the procuratorial organ decides not to prosecute, the public security organ will deduct points during the review, and if the procuratorial organ has doubts or absolutely does not prosecute after the arrest, it will also deduct points. However, if the public security organ withdraws the transfer for examination and prosecution after examination that it does not constitute a crime, the procuratorial organ may add points during the examination. Since the withdrawal of the examination and prosecution by the public security organ is conducive to the procuratorial examination, it will not harm the public security examination, and the two sides will not harm the harmony. Of course, the prosecutor and the prosecutor are willing to accept it. Secondly, it is influenced by the internal assessment mechanism of procuratorial organs. The undertaker of the public prosecution department can get extra points when assessing the personnel who absolutely do not prosecute, who are in doubt or who are acquitted. However, if the suspect who has been arrested is absolutely not prosecuted or in doubt, the undertaker of the investigation and supervision department will be deducted. For the sake of his own interests without harming the interests of other comrades, he will of course choose to withdraw the transfer for review and prosecution. (2) It can reduce the workload. In cases where the public security organs withdraw their examination and prosecution, the majority of procuratorial organs can make a decision not to prosecute. However, because many grass-roots hospitals face too many contradictions in cases, once they do not prosecute, most cases will be submitted to the procuratorial Committee for discussion. The undertaker shall make a report and discuss it, report it to the procuratorial committee, report it to the higher court for approval, make a decision not to prosecute, and serve it on the defendant and the victim, if any. The public security organ may also ask for reconsideration, which will undoubtedly increase a lot of workload, and the procuratorial organ can save a lot of workload by calling the public security organ to withdraw the transfer of examination and prosecution. Therefore, most of the investigators of the procuratorial organ are willing to choose the transfer of examination and prosecution by the public security organ as the way to close the case. (3) There is no corresponding supervision and restriction on withdrawal, transfer, review and prosecution. The Criminal Procedure Law of the People's Procuratorate only stipulates in general terms that if a criminal suspect has not committed a crime or committed a crime, he should be returned to the public security organ, that is to say, the public security organ can withdraw the transfer of examination and prosecution, but it does not stipulate the procedures to be followed in withdrawing the transfer of examination and prosecution, resulting in a serious lack of supervision and control as long as the undertaker of the procuratorial organ communicates well with the undertaker of the public security organ and the chief prosecutor or department head signs symbolically.
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