Joke Collection Website - Bulletin headlines - The procuratorate supports the prosecution procedure.
The procuratorate supports the prosecution procedure.
(1) Examining and accepting cases transferred by investigation organs for examination and prosecution;
(2) If the evidence or other materials are insufficient, supplementary materials or supplementary investigations are needed;
(3) Making a decision on whether to prosecute or not to prosecute the case under review according to different circumstances.
The general process of criminal proceedings is: if a case investigated by a public security organ deems it necessary to be investigated for criminal responsibility, the public security organ will transfer the case to the people's procuratorate, and the people's procuratorate will examine whether it is necessary to bring a public prosecution to the people's court. According to the law, when examining a case, the people's procuratorate mainly examines whether the facts and circumstances of the crime are clear, whether the evidence is really sufficient, whether the nature and charges of the crime are correctly determined, whether there are omissions in the crime, and whether there are circumstances in which criminal responsibility should not be investigated.
After the people's procuratorate examines the case, there may be two results. First, it is believed that the criminal facts of the criminal suspect have been ascertained, and the evidence is true and sufficient, which meets the conditions for prosecution. When deciding to bring a lawsuit to the people's court, he thinks that he does not have the conditions to bring a lawsuit to the people's court. Among many factors that do not have the conditions for prosecution, the people's procuratorate believes that the facts of the crime are unclear, the evidence is insufficient or important circumstances related to conviction and sentencing are omitted, and the need for supplementary investigation is one of them. If supplementary investigation is needed, it can be returned to the public security organ for supplementary investigation, or it can be supplemented by itself. According to the law, there is a time limit for supplementary investigation by public security organs, that is, after receiving the files returned by the people's procuratorate, the public security organs should complete the supplementary investigation within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
Legal basis: Article 171 of the Criminal Procedure Law of People's Republic of China (PRC), when examining a case, the people's procuratorate must find out: (1) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature and charges of the crime are correctly determined; (two) whether there are any omission crimes and other persons who should be investigated for criminal responsibility; (3) Whether criminal responsibility should be investigated; (four) whether there is an incidental civil action; (5) Whether the investigation activity is legal.
Article 172 The People's Procuratorate shall make a decision on a case transferred for prosecution by a supervisory organ or a public security organ within one month, and may extend the period for 15 days for major and complicated cases. If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and the possible fixed-term imprisonment of more than one year may be extended to fifteen days. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
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