General procedure of hearing in procuratorate

The hearing is generally divided into seven steps: the prosecutor who undertakes the case introduces the case and the issues that need to be heard; The parties and other participants explain the situation separately on the issues that need to be heard; The hearing officer asks questions to the parties or other participants; The hearing officer discusses the hearing matters; The hearing officer or the hearing officer's representative expresses opinions; Both parties make final statements; The host summarized the hearing.

Legal analysis

Procuratorates handle cases of examining the necessity of detention, cases of non-prosecution, criminal appeals, cases of civil litigation supervision, cases of administrative litigation supervision, and cases of public interest litigation. There are great disputes in fact finding, law application and case handling. , or have a greater social impact, need to listen to the opinions of the parties and other relevant personnel face to face, with the approval of the attorney general, you can hold a hearing. When handling the case of examination and arrest, the procuratorial organ needs to verify and evaluate whether the criminal suspect is socially dangerous and has the conditions for social assistance and education, and may hold a hearing. After fully listening to the opinions of all parties, the procuratorial organ will make an independent decision according to the facts, evidence and relevant laws and regulations. If a decision can be made on the spot, the presiding hearer will announce the decision on the spot and explain the reasons; If it is impossible to make a decision on the spot, it shall make a decision according to law after the hearing, announce it and serve it on the parties, and inform the hearing officer of the decision and reasons. The hearing process is recorded by the recorder, and the whole process is recorded and recorded. The record of the hearing shall be signed or sealed by the presiding officer, the person in charge, the participants in the hearing and the recorder. The record should be included in the case file.

legal ground

Organization Law of People's Republic of China (PRC) People's Procuratorate

Article 6 People's procuratorates adhere to judicial justice, take facts as the basis, take laws as the criterion, observe legal procedures and respect and protect human rights.

Article 11 The people's procuratorates shall accept the supervision of the people and ensure that the people enjoy the right to know, participate and supervise the work of the people's procuratorates according to law.