What should I pay attention to when I go to the procuratorate to directly prosecute a case?

The procuratorate may initiate a public prosecution on a case directly prosecuted. A direct prosecution case refers to a criminal case in which the suspect is released on bail pending trial without going through the arrest procedure. Generally speaking, criminal cases in which criminal suspects are released on bail pending trial or directly transferred for review and prosecution after being placed under residential surveillance without arrest procedures are all cases with little harm and minor circumstances.

Scope and source of cases accepted by the procuratorate:

1, complaints and reports from organs, organizations, enterprises and institutions;

2. Personal complaints and reports;

3. Assigned by the Party Committee at a higher level, the Standing Committee of the National People's Congress and the People's Procuratorate;

4. Transferred by the relevant authorities;

5. Criminals surrender themselves;

6. The procuratorate found it by itself.

Examination and filing before the procuratorate files a case:

1. If it is considered that there are criminal facts that need to be investigated for criminal responsibility after examination, it shall fill in the filing request and make a decision to file a case with the approval of the chief procurator or the decision of the procuratorial committee.

2, in accordance with the provisions of the case management system and report to the people's procuratorate at a higher level for the record.

3. If the people's procuratorate at a higher level thinks that the case should not be filed, it shall promptly notify the people's procuratorate at a lower level in writing to cancel it.

4. If you have different opinions on the people's procuratorate at a lower level, you can report to the people's procuratorate at a higher level for reconsideration. The reconsideration result shall be notified to the people's procuratorate at a lower level in time for implementation.

5. Upon examination, if it is considered that there is no criminal fact or one of the circumstances stipulated in Article 11 of the Criminal Procedure Law, the case shall not be filed, and after the approval of the department, director and procurator-general, a notice of not filing the case shall be made, and the complainant and prosecutor shall be informed of the reasons and reasons for not filing the case. If the complainant or prosecutor refuses to accept it, he may apply for reconsideration, and the complainant or prosecutor shall be informed of the reconsideration result.

6, after accepting the case, for the need to inspect the scene of the case, should quickly organize an inquest, in order to find and collect traces of crime and evidence.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 164 The people's procuratorates shall apply the provisions of this chapter to the investigation of directly accepted cases.

Article 165 A case directly accepted by a people's procuratorate conforms to the provisions of Articles 81 and 82, paragraphs 4 and 5 of this Law. If it is necessary to arrest or detain a criminal suspect, it shall be decided by the people's procuratorate and executed by the public security organ.

Article 166 A people's procuratorate shall interrogate a person detained in a case directly accepted within 24 hours after detention. When it is found that it should not be detained, it must be released immediately and issued with a release certificate.