Basic procuratorates generally have several departments, and what are they responsible for?

The procuratorate generally has 9 departments as follows:

1. Complaints and Complaints Prosecution Department and Reporting Center:

Responsible for accepting reports, reports and accusations, and accepting criminal suspects surrender of persons; triage reports, reports and accusations, and conduct preliminary inspections of clues of reports that are of unclear nature and difficult to handle under the jurisdiction of the procuratorial organs; accept appeals against the legally effective judgments and rulings of the People's Court; handle the cases responsibilities of the People's Procuratorate Criminal compensation cases where there is an obligation to compensate, etc.

2. Investigation and supervision agencies:

Responsible for reviewing and deciding whether to arrest cases submitted by public security agencies, national security agencies and other investigative agencies for approval and transferred by the investigation department of the People's Procuratorate for review and arrest; Review and decide whether to extend the period of investigation and detention for cases submitted for extension; supervise whether the investigation agency should file a case but not file a case, or should not file a case but file a case, and supervise whether the investigation activities are legal.

3. Public Prosecution Department:

Responsible for cases transferred for review and prosecution by the public security organs, national security agencies and other investigative agencies, and cases transferred for review and prosecution by the investigation department of the People’s Procuratorate, and cases transferred for review and non-prosecution. Conduct reviews and decide whether to file a public prosecution or not to prosecute; supervise investigation activities; attend the first-instance court to support the public prosecution, review and handle second-instance public prosecution cases; supervise the trial activities of the People's Court; supervise criminal judgments and judgments that are indeed erroneous, Decide on the filing of protests and other work.

4. Prison Procuratorial Department:

Responsible for the execution of penalties and supervision activities in prisons, detention centers, and detention centers, the people's court's rulings on commutation and parole, and the prison management agencies and public security agencies , the people's court decides to temporarily suspend execution of sentences outside prison, and supervises the legality of the law enforcement activities of the reeducation through labor organs, and the management and supervision of criminal activities by public security organs and judicial administrative organs outside prison;

The execution of sentences and Conduct investigation and investigation into occupational crime cases during supervision activities, and carry out occupational crime prevention work; review, arrest and prosecution of criminal cases and criminal cases of reeducation through labor personnel; supervise whether case filing, investigation and trial activities are legal; accept cases of persons under supervision and Complaints, reports and appeals by close relatives and legal representatives.

5. Civil Administrative Procuratorial Department:

Responsible for the legal supervision of civil trial activities and administrative litigation activities; and the legal submission of effective civil and administrative judgments and rulings of people's courts that meet statutory conditions. Protest; conduct preliminary investigation, case filing and investigation on clues about duty-related crimes of judges and executive personnel discovered during the handling of civil and administrative appeal cases.

6. Occupational Crime Prevention Department:

Responsible for researching and analyzing the characteristics and patterns of typical occupational crimes, proposing preventive countermeasures, and assisting relevant units in their implementation; carrying out prevention consultation and warning education; management Procuratorate's bribery crime file inquiry system and accepts inquiries and other work.

7. Case management department:

In case management, it is mainly responsible for management, service, consultation and supervision functions. The specific responsibilities are: unified responsibility for case acceptance and transfer; unified responsibility for case handling process Supervision; unified responsibility for the supervision of seized and frozen money and property; unified responsibility for organizing quality evaluation of case handling; unified responsibility for business statistics and analysis; responsible for macro guidance of case management work.

8. Procuratorial Technical Department:

Responsible for the inspection, identification and documentary review of cases submitted for inspection by relevant business departments of the People’s Procuratorate; conduct on-site inspections of relevant cases, collect, fix and Extract trace evidence related to the case and conduct scientific appraisal; undertake the simultaneous audio and video recording of interrogations of official criminal suspects by the People's Procuratorate; be responsible for the registration and management of the People's Procuratorate's appraisal institutions and appraisers; be responsible for the planning, guidance and management of the informatization work of the procuratorial organs, etc. .

9. Discipline inspection and supervision agencies:

Responsible for accepting complaints from the masses and all walks of life against prosecutors who use their powers to handle illegal cases, handle cases beyond their authority, torture to extract confessions, accept bribes and other illegal and disciplinary behaviors Reports and accusations are made, and investigations are carried out; through law enforcement supervision, inspections, procuratorial inspections, economic responsibility audits, etc., the supervision of the leadership team, leading cadres and law enforcement case-handling activities of the procuratorial organs is strengthened.

Extended information:

Introduction to the People’s Procuratorate:

In China, the People’s Procuratorate is the legal supervision agency of the People’s Republic of China, exercising the country’s procuratorial right. The People's Procuratorate is established by the People's Congress at the same level and is responsible to and reports on its work to the People's Congress. The People's Procuratorate is generally located alongside the People's Government and the People's Court. Among the central state institutions, the Supreme People's Procuratorate of the People's Republic of China, the State Council of the People's Republic of China, and the Supreme People's Court of the People's Republic of China are juxtaposed, collectively referred to as "one government and two courts."

The People's Republic of China has established specialized people's procuratorates such as the Supreme People's Procuratorate, local people's procuratorates at all levels, and military procuratorates. This top-down arrangement reflects the relationship between the superiors and the subordinates of the procuratorial organ and its centralized and unified characteristics.

Working functions of the People’s Procuratorate:

(1) To exercise national procuratorial power in cases of treason, secession, and major criminal cases that seriously undermine the unified implementation of national policies, laws, decrees, and government orders

(2) Investigate directly accepted criminal cases;

(3) Review criminal cases handled by public security organs and decide whether to approve arrests and prosecutions; Supervise whether the agency's case-filing and investigation activities are legal;

(4) Initiate and support public prosecutions in criminal cases; supervise whether the criminal trial activities of the People's Court are legal;

( 5) Supervise whether the execution of judgments and rulings in criminal cases and the activities of prisons, detention centers, and reform-through-labor institutions are legal;

(6) Supervise whether civil litigation and administrative litigation are legal;

(7) Other powers provided for by law.

Work requirements of the People’s Procuratorate:

The People’s Procuratorate protects citizens’ right to file complaints against state functionaries who violate the law in accordance with the law, and pursues those who violate citizens’ personal rights, democratic rights and other rights. Legal liability. The People's Procuratorate must adhere to the principle of seeking truth from facts in its work, implement the mass line, listen to the opinions of the masses, accept mass supervision, investigate and study, attach importance to evidence and not trust oral confessions, strictly prohibit forced confessions, and correctly distinguish and handle contradictions between ourselves and the enemy and contradictions among the people.

Staff in People’s Procuratorates at all levels must be loyal to the truth, the law, the cause of socialism, and serve the people wholeheartedly. When people's procuratorates at all levels exercise procuratorial power, all citizens will be treated equally in the application of the law and no privileges will be allowed. The People's Procuratorate exercises its procuratorial power independently in accordance with legal provisions and is free from interference from other administrative agencies, groups and individuals.

The People's Procuratorate follows procedures:

The "Criminal Procedure Law of the People's Republic of China" stipulates that when the People's Procuratorate discovers and believes that a crime has been committed, it shall file a case for investigation in accordance with judicial procedures. Or instruct the public security organs to conduct investigations. After the investigation is completed, if the People's Procuratorate believes that the defendant must be held criminally responsible, it shall initiate a public prosecution in the People's Court; if it believes that there is no need to pursue criminal responsibility, the original case shall be dismissed. The arrest of any citizen, unless decided by a court, must be approved by the People's Procuratorate.

The People's Procuratorate shall review cases requested by the public security organs for prosecution and decide whether to prosecute, exempt from prosecution, or not to prosecute. If the main criminal facts are unclear and the evidence is insufficient, the case may be returned to the public security organ for supplementary investigation. When the People's Procuratorate discovers that there are any violations of the law in the investigation activities of the public security organs, it shall notify the public security organs to make corrections.

If the People’s Procuratorate considers that there is an error in its decision not to approve arrest, not to prosecute, or to waive prosecution for a case transferred by the public security organ, it may request the People’s Procuratorate to reconsider, and may request the superior people’s court to Review by the Procuratorate.

The People's Procuratorate at the higher level shall make a decision in a timely manner and notify the People's Procuratorate at the lower level and the public security organ for implementation. When the People's Procuratorate initiates a public prosecution case, the chief prosecutor or prosecutor shall attend the court as the national prosecutor, support the public prosecution, and supervise whether the trial activities are legal.

If the People's Court considers that the main criminal facts are unclear, the evidence is insufficient, or there are illegal circumstances in a case prosecuted by the People's Procuratorate, it may return it to the People's Procuratorate for supplementary investigation, or notify the People's Procuratorate to make corrections. If the local people's procuratorates at various levels believe that there are errors in the judgments and rulings of the first-instance cases of the people's courts at the same level, they shall file a protest in accordance with the appeal procedure.

If the Supreme People's Procuratorate finds that there are indeed errors in the legally effective judgments and rulings of the courts at all levels, and the superior People's Procuratorate has made legally effective judgments and rulings of the lower people's courts, it shall follow the trial supervision procedures. File a protest. For cases heard in accordance with trial supervision procedures, the People's Procuratorate must send people to attend the court.

When the People’s Procuratorate discovers that there are any illegal situations in the execution of criminal judgments or rulings, it shall notify the execution agency to make corrections. When the procuratorate discovers that there are any illegal activities in prisons, detention centers, or reform-through-labour institutions, it shall notify the competent authorities to make corrections in accordance with the law.

Reference link: Guosou Encyclopedia: Procuratorate