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The Supreme People's Procuratorate decides how to investigate cases that have been approved for prosecution.
First, the Supreme People's Procuratorate decided how to investigate the cases approved for prosecution.
1, the Supreme People's Procuratorate approved the prosecution of the case, according to the following circumstances:
(1) The people's procuratorate that initially accepted the case that the Supreme People's Procuratorate decided to approve the prosecution shall supervise the investigation work of the public security organ.
(2) the Supreme People's Procuratorate decided not to approve the prosecution, and the public security organ failed to withdraw the case in time, and the people's procuratorate at the same level put forward rectification opinions. If a criminal suspect is in custody, he shall be released immediately.
2. Legal basis: Article 327th of the Criminal Procedure Rules of the People's Procuratorate.
Second, the time limit for prosecution of criminal cases.
According to the principle of adapting crime to punishment, China's criminal law takes the statutory maximum punishment as the standard and stipulates four levels of limitation of prosecution. According to the provisions of Article 87 of the Criminal Law, crimes that exceed the following time limit shall not be prosecuted:
1, if the maximum penalty is less than 5 years' imprisonment, after 5 years;
2. If the maximum penalty is not more than 5 years and less than 10 years, after 10 years;
3. If the maximum penalty is fixed-term imprisonment of 10 years or more, after 15 years;
4. The maximum penalty is life imprisonment or death penalty, after 20 years. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
According to the above provisions, when determining the limitation period of prosecution for a specific crime, the corresponding provisions or sentencing range stipulated in the specific provisions of the Criminal Law shall be applied respectively according to the nature and circumstances of the crime, and the limitation period of prosecution shall be calculated according to the statutory maximum penalty:
(1) For a provision that only specifies the range of sentencing, the limitation period for prosecution shall be determined according to the statutory maximum penalty of the provision.
(2) If there are more than two different sentencing ranges in a provision, the limitation period for prosecution shall be determined according to the statutory maximum penalty corresponding to the crime in the provision.
(3) The statutory maximum penalty determines the limitation period for prosecution.
According to the provisions of the Criminal Procedure Rules of the People's Procuratorate, the people's procuratorate that initially accepted the case should supervise the investigation work of the public security organs in the case that the Supreme People's Procuratorate decided to approve the prosecution; If the prosecution is not approved and the public security organ fails to withdraw the case in time, the people's procuratorate at the same level shall put forward rectification opinions.
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