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Information on how the procuratorate announces not to prosecute.
1. What should I do if I decide not to prosecute a case with a victim?
1. If a case involving a victim decides not to prosecute, the people's procuratorate shall serve the decision not to prosecute on the victim.
2. If the victim refuses to accept the decision, he may appeal to the people's procuratorate at the next higher level for public prosecution within seven days after receiving the decision.
3. The people's procuratorate shall inform the victim of the reexamination decision.
4. If the people's procuratorate upholds the decision not to prosecute, the victim may bring a lawsuit to the people's court. The victim may also bring a lawsuit directly to the people's court without appeal.
5. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court.
Two, the people's Procuratorate review and prosecution process is roughly as follows:
(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;
(three) for the case under review, according to different circumstances, make a decision on whether to prosecute.
Third, the prosecution period of the procuratorate.
1. The time limit for the procuratorate to review and prosecute is generally one month.
2, for major and complicated cases, can be extended for fifteen days.
3. If the criminal suspect pleads guilty and admits punishment, the procuratorate shall make a decision on whether to examine and prosecute within ten days.
4 may be sentenced to more than one year in prison, can be extended to fifteen days.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 16
In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order; Wait a minute.
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