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The procuratorial organs act in accordance with the law on behalf of the state
Procuratorial power
The principal duty of the state organ is to investigate
Criminal responsibility
, lift
Public prosecution
And implement legal supervision.
Capitalist country
Some are attached to the court system (
Civil law system
Country), some independent Settings (
Common law system
The state).
In China,
People's procuratorate
It is the state legal supervision organ, created by the people's Congress at the same level, responsible for and reporting to the people's Congress on its work. The procuratorate, together with the people's court and the government, is called the "one People's Court and the two Chambers". Its main powers are: review and approve arrest, decision
prosecute
And attend court in support of the prosecution function. Established in China
Supreme People's Procuratorate
[1]
Local people's procuratorates at all levels and
Military prosecutor's office
Etc.
Special people's procuratorate
.
- Chinese name
- Procuratorial organ
- nature
- State legal supervision organ
- Central agency
- Supreme People's Procuratorate [2]
- function
- Exercising the state according to law Procuratorial power
- dominance
- State institutions; State organ
catalogue
- 1Historical evolution
- 2Procuratorial system
- 3Primary responsibility
- 4Statutory authority
- ▪Power of investigation
- ▪Right of supervision
- ▪Right of appeal
- ▪Right of protest
- 5Functional organization
- ▪complaint
- ▪Anti-corruption and bribery
- ▪Anti-malfeasance tort
- ▪Investigation and supervision
The Supreme People's Procuratorate is the central branch of China's procuratorial organs [1]
China
The procuratorial system and system were originally
The Soviet Union
What is built for the model is the state's
Legal supervision
Organ.
Constitution of People's Republic of China
","
Organic Law of the People's Procuratorate of the People's Republic of China
The provisions of ", which are related to
People's court
Again, it belongs to the judicial organs of the state rather than the administrative organs.
The procuratorial organ is the legal supervision organ of the state and exercises procuratorial power on behalf of the state according to law
. The people's procuratorates are elected by the people's congresses at the corresponding levels and are responsible and report on their work to the people's congresses.
[3-4]
According to the Third and Fourth Plenary Sessions of the 18th CPC Central Committee
Judicial reform
According to the resolution, the procuratorial organs will implement the vertical leadership of people, financial and material at the provincial level, which will help reduce the possibility of local interference in the judiciary and ensure the independent status of the procuratorial organs.
Chinese procuratorial system
The Supreme People's Procuratorate is the central branch of China's procuratorial organs
[5]
To direct the work of the local people's procuratorates at all levels and the special people's procuratorates; the people's procuratorates at higher levels shall direct the work of the people's procuratorates at lower levels.
Supreme People's Procuratorate Yes
The National People's Congress
And its Standing Committee. Local people's procuratorates at various levels are responsible to the organs of state power that created them and to the people's procuratorates at higher levels. Local people's procuratorates at all levels include the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government; Branches of people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government, people's procuratorates of autonomous prefectures and cities under the jurisdiction of municipalities; People's procuratorates of counties, cities, autonomous counties and municipal districts; The special people's procuratorates mainly include military procuratorates,
Railway transport procuratorate
Let's wait.
[6]
The people's procuratorates at all levels are set up in accordance with the people's courts at all levels
Criminal procedure law
The prescribed procedure for handling cases. The people's procuratorates exercise procuratorial power independently in accordance with the law and are not subject to interference by any administrative organ, public organization or individual.
The people's procuratorates mainly exercise the following functions and powers:
(1) To exercise procuratorial power in cases of treason, cases of secession of the State, and major criminal cases that seriously undermine the unified implementation of national policies, laws, decrees, and decrees.
2, for directly accepted criminal cases, investigation.
(3) Review cases investigated by investigation organs and decide whether to arrest, prosecute or not to prosecute; Supervision shall be exercised over whether the investigative activities of the investigative organs are lawful.
4. Prosecute criminal cases and support public prosecution; The people's courts shall exercise supervision over the legality of their judicial activities.
(5) Supervise the legality of the execution of judgments and rulings in criminal cases and the activities of prisons, detention centers and labor reform agencies.
The power of investigation means that the procuratorial organs have the legal power to investigate the crimes of embezzlement, bribery, dereliction of duty and tort of the state public officials.
The power of supervision refers to whether the procuratorial organs supervise the judge's trial activities and whether the effective judgments and rulings made by the court are legal. Whether the investigation activities of the investigation organ are lawful; To supervise the legality of supervision activities such as prisons and detention centers; To supervise whether criminals subject to the dictatorship of the State meet the conditions for commutation of sentence, parole, medical parole and other criminal changes;
The right to examine and prosecute means that the procuratorial organs examine the facts, evidence and investigation procedures of all criminal cases. Appearing in criminal cases to support public prosecution.
The right to protest means that if the procuratorial organ finds the effective judgment or ruling made by the court to be illegal, it shall lodge a protest according to law.
Complaint departments and reporting centers accept reports from the masses on cases of corruption and dereliction of duty; To accept the surrender of a criminal; Accept complaints that are not satisfied with the work of the procuratorate; Accept appeals against court decisions; Accept applications for criminal compensation. Telephone number "12309" is approved by the Supreme People's Procuratorate of the national procuratorate unified use of the report telephone. (
Welcome to the Report Center of the Supreme People's Procuratorate
[7]
)
National procuratorial organs to pursue fugitives and asset recovery special action deployment meeting [8]
Anti-dereliction of duty and tort departments file and investigate cases of malfeasance by state functionaries; To file and investigate criminal cases involving violations of citizens' personal and democratic rights by state functionors.
[11] 10 -
The investigation and supervision department decides whether to arrest the criminal suspect; Deciding whether to arrest suspects of duty crimes; To decide whether to extend the period of detention for investigation; Supervise police filing; Monitor the legality of police investigation activities.
The public prosecution department examines criminal cases and decides whether to prosecute or not to prosecute; To appear in court to support the prosecution of cases decided by the procuratorial organs; To supervise the judicial activities of the Tribunal; To lodge a protest against a wrong criminal judgment or order.
[12]
The procuratorial department for criminal execution supervises the execution of criminal punishment, the execution of criminal compulsory measures and the execution of compulsory medical treatment; To supervise the supervision activities of the prison, and prevent the ill-treatment and private release of detainees; File and investigate criminal and duty crime cases occurring in the prison; To examine, approve and arrest criminal cases of execution outside prison and prosecute them according to law.
[5]
[13]
Where a civil administrative procuratorial department finds that a civil or administrative judgment or ruling made by a court that has taken effect is wrong or illegal, it shall lodge a protest according to law.
The department for the prevention of duty crimes conducts research and analysis on the prevention of duty crimes by the staff of state organs, and puts forward professional prevention countermeasures and procuratorial suggestions for duty crimes.
[14]
Article one
The scope of criminal cases directly accepted by the People's procuratorates shall be strictly in accordance with the provisions of the
Criminal Procedure Law of the People's Republic of China
The provisions of paragraph 2 of Article 18 and the division of labor between the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security concerning the jurisdiction of cases shall be implemented.
Article 2
Sources of cases accepted by People's procuratorates:
1, organs, organizations, enterprises, institutions charged and reported;
2. Personal accusations and prosecutions;
3. Assigned by the Party Committee, the Standing Committee of the People's Congress, or the People's Procuratorate at a higher level;
4. Transferred by relevant authorities;
5. The criminal surrenders himself;
6. The People's Procuratorate discovered it itself.
Article 3
A state organ, organization, enterprise or institution shall file a complaint or report on a crime with the people's Procuratorate in written form. An individual may file a complaint or report on a crime with a people's procuratorate in written form or orally. When the procurator accepts the oral accusation or accusation, he shall write the accusation or accusation into a written record, which shall be signed or sealed by the accusation or accusation after the accusation or accusation is confirmed to be correct. At the same time, the legal responsibility for false accusation shall be explained to the accusation or accusation. If the complainant or informant does not wish to disclose his name, he shall keep it confidential during the investigation.
Article 4
A criminal's confession or surrender may be made in writing or orally. In case of oral surrender, the procurator shall make a written record, record the specific facts of the crime (including time, place, circumstances, means, consequences, etc.), and sign or seal it after verification by the surrendered person. The recorder should also sign the record.
Article 5
Individual accusations and reports, the criminal's surrender and other units transferred cases shall be accepted, which do not fall within the jurisdiction of the people's procuratorate, shall be promptly transferred to the competent authorities for handling, and notify the charging or reporting unit or complainant. Where urgent measures must be taken, such measures shall be taken first and then transferred.
Article 6
The people's procuratorates shall promptly examine the illegal and criminal materials charged, reported, surrendered, transferred, assigned, and discovered by themselves, and shall handle the cases separately.
1, after examination that there are criminal facts, the need to investigate criminal responsibility, that is, fill in the "filing request report", approved by the chief prosecutor or the procuratorial committee decision, the production of "filing decision". Timely report to the people's Procuratorate at a higher level for the record in accordance with the provisions of the case management system. If the people's procuratorate at a higher level considers that the case should not be filed, it shall promptly notify the people's procuratorate at a lower level in writing to cancel it. If the people's procuratorate at a lower level has a different opinion, it may apply to the people's procuratorate at a higher level for reconsideration. The result of the reconsideration shall be promptly notified to the people's procuratorate at a lower level for execution. The contents of the Decision on filing the case include: the defendant's name, gender, age, native place, educational level, work unit, position, cause of the case and the source of the case, the main criminal facts, and the basis for deciding to file the case.
2, after examination that there is no criminal facts or one of the circumstances provided for in Article 11 of the Criminal Procedure law is not registered, after the approval of the section, the director or the chief prosecutor, the Notice of no filing shall be made, and the reasons and reasons for not filing shall be notified to the charging and reporting unit or the charging and reporting person. If the complainant or complainant refuses to accept the decision, the complainant or complainant may apply for reconsideration, and the complainant or complainant shall be notified of the result of the reconsideration.
(3) If, after examination, it is found that the criminal facts charged or reported are unclear and supplementary materials are needed to determine whether to file a case or not, the charging or reporting unit may be notified of the supplementary materials; the people's procuratorate may also send personnel to directly investigate, or cooperate with the relevant departments in a joint investigation, and file and investigate those who are considered to have criminal facts and need to be investigated for criminal responsibility; If the circumstances of the crime are considered to be significantly minor and there is no need to be investigated for criminal responsibility, the case shall be transferred to the relevant department for handling. And notify the original complaint, the unit or individual.
Article 7
The investigation materials handed over by the relevant departments along with the case must be carefully examined and verified, and can only be used as evidence after being confirmed and signed by the procurator in charge of the case.
Article VIII
Where a crime committed by a cadre at or above the county level or a well-known person needs to be filed for investigation, the corresponding people's procuratorate shall notify the relevant department in accordance with the provisions of the administrative authority of the cadre. If a deputy to the National People's Congress or a deputy to a local people's Congress at or above the county level commits a crime and it is necessary to file a case for investigation, he shall notify the Standing Committee of the National People's Congress or the corresponding Standing Committee of the local People's Congress.
The ninth article
After accepting the case, for cases requiring on-site inspection, forces shall be promptly organized for inspection in order to discover and collect criminal traces and evidence.
Article ten
Where a case is filed for investigation, an investigation plan shall be formulated and implemented after approval by the competent section, the director or the Chief prosecutor. The contents of the investigation plan include: the problems to be identified and the clues to be pursued, the investigation methods, steps, measures, time, precautions, and the division of responsibilities of the investigators involved.
Article 11
Personnel engaged in investigative work shall collect and obtain evidence from relevant units and personnel with the certification documents issued by the people's procuratorates. For evidence that cannot be retrieved, it can be photographed and copied.
Article 12
A defendant who does not need to be detained or arrested may be summoned for interrogation to a people's procuratorate or a place designated by the people's Procuratorate, or to the unit or residence of the defendant. The defendant in custody should fill out the "Proof of detention" and go to the detention center for interrogation, or refer to the people's procuratorate for interrogation. When interrogating the accused, there shall be no less than two persons working on the case.
Article 13
When summoning the defendant, the Notice of Summons shall be used. If he fails to appear without reason after being summoned, he may be summoned by detention with the approval of the section or the director. The Warrant of detention issued by the People's Procuratorate shall be produced.
Article 14
Before interrogating the defendant, he should be fully prepared, familiar with the case and applicable legal provisions, and make an interrogation plan. During the interrogation, the defendant is allowed to state the guilty circumstances, and the defendant is also allowed to plead innocent, and the necessary policy and legal education can be carried out in combination with the case.
Article 15
interrogate
The defendant shall make a written record of the interrogation (which may be recorded by audio or video). The interrogation record shall be submitted to the defendant for verification, and shall be read out to him if he is unable to read. If there are errors or omissions in the record, the defendant shall be allowed to correct or supplement the record, and after verification, the defendant shall sign (seal) or affix his finger on the record page by page. The interrogator and recorder also signed the last page of the transcript. If the defendant refuses to sign (seal) or keep his fingerprints, it should be noted in the record that the defendant can write a confession by himself, and the prosecutor can also let the defendant write a confession.
Article 16
The questioning of witnesses should be done individually. Before questioning, witnesses should be informed of their legal responsibilities for truthfully providing evidence, testifying and intentionally giving false testimony or concealing criminal evidence. At the time of inquiry, there shall be no less than two persons working on the case. Interrogating witnesses and victims shall make interrogation records, which shall be submitted to the interrogated person for verification, and shall be read out to him if he is unable to read. If there are errors or omissions in the record, the person questioned shall be allowed to correct or supplement it, and after verification, the person questioned shall sign or seal it. The interrogator and recorder should also sign the last page of the transcript.
Article 17
Where the victim has suffered material losses as a result of the defendant's criminal act, he shall be informed of his right to bring an incidental civil action.
Article 18
In order to discover and search for evidence of a crime, an inspection or examination of places, articles, persons, dead bodies, etc. related to a crime shall be carried out under the auspices of procurators. The people's procuratorates may assign or employ personnel with specialized knowledge to carry out the investigation, or they may request the assistance of investigation organs to jointly carry out the investigation or examination. Procurators shall preside over or participate in the investigation or examination. It is necessary to possess the documentary evidence of the people's procuratorial organ. If the defendant refuses to be examined, the procurators may, if they deem it necessary, force the examination.
Two impartial citizens who are not involved in the case must be invited to witness the investigation. Public security and judicial personnel cannot act as witnesses.
Article 19
In the course of investigation, if it is necessary for the victim, defendant or witness to identify certain objects, documents, bodies or persons involved in the crime, the identification may be carried out with the approval of the Section, the Director or the Prosecutor. When organizing the identification of people, the objects to be identified should be mixed among more than three people with roughly similar characteristics such as age, clothing, and physical appearance for identification. Identification shall be made separately. Before the identification, the identifier should be asked in detail to state what outstanding characteristics of the person or object being identified. Can not let the identification personnel before seeing the object to be identified, in the identification process, the prosecutor can not give any indication to the identification.
Article 20
The particulars of the investigation, inspection and identification shall be recorded in written form and signed or sealed by the persons participating in the investigation, inspection and identification, as well as the witnesses and procurators.
Article 21
In order to determine the merits of the case, it is necessary to resolve certain specialized issues in the case, should be assigned or engaged with specialized knowledge and have no interest in the case of personnel to conduct appraisal.
Article 22
The hiring of appraisers shall first be written by the People's Procuratorate and hired by the organ or organization where the appraiser belongs. Before the appraisal, the documents, articles, traces, accounts, vouchers and relevant materials required for appraisal shall be served to the appraiser, and the problems required for appraisal shall be put forward. After the appraisal, the appraisal conclusion shall be written and signed or sealed by the appraiser. Appraisal conclusions used as evidence may be supplemented or reappraised if the defendant so requests.
Article 23
In order to determine the existence or non-existence of certain factual circumstances in a case, investigative experiments may be carried out when necessary with the approval of the Procurator-General. But all acts that are dangerous, degrading or indecent are prohibited. The process and results of investigation experiments should be recorded comprehensively, in detail and accurately. Participants in the experiment should sign or seal the record.
Article 24
In order to collect criminal evidence, the prosecutor may search the body, belongings, residence and other relevant places of the defendant and those who may hide criminal evidence, and the search shall present the search Warrant and the presence of witnesses. The Warrant shall be issued by the Attorney General. During the execution of detention or arrest, in case of emergency, a search may be carried out without a separate search warrant.
Article 25
The examination and search of a woman's body shall be carried out by a female staff member and, if necessary, by a physician.
Article 26
A written record of the search shall be made, which shall be signed or sealed by the procurator, the person being searched, or his family members and witnesses. If the person being searched is at large or his family members refuse to sign or seal, it shall be indicated in the record.
Article 27
The seized articles and documents shall be checked out in conjunction with the witnesses present and the holder of the seized articles, and a list shall be made on the spot in duplicate, signed or sealed by the procurator, the witness, the person being searched or his family members, one copy shall be handed over to the person being searched or his family members, and the other copy shall be attached for reference.
Article 28
When it is necessary to seize the defendant's mail and telegrams or freeze the defendant's bank deposits, the procurator-general shall, with the approval of the procurator-General, fill in the Notice of Decision to Seize Mail and telegrams and the Notice of Suspension of Payment of Savings Deposits, and notify the post and telecommunications department and the bank respectively for implementation.
Article 29
For the mails, telegrams and frozen deposits that have been decided to be seized, if it is not necessary to continue to "seize" or "freeze", the Notice of stopping the seizure of mails and telegrams or the Notice of Lifting the Suspension of Payment of Savings Deposits shall be filled in according to the original examination and approval procedures, and the relevant departments shall be notified respectively to stop the seizure or lifting the freeze.
Article 30
The seized articles, documents, mail and telegrams shall be kept properly and shall not be used, exchanged or destroyed. After ascertaining that it has nothing to do with the case, it shall be promptly returned to the original owner or the original post and telecommunications department.
Article 31
Procuratorial work
A staff member who meets any of the circumstances provided for in Article 23 of the Criminal Procedure Law of the People's Republic of China shall recuse himself. The parties concerned and their legal representatives also have the right to ask the procurators to withdraw. The party concerned may apply for reconsideration of the decision rejecting the application for withdrawal. The withdrawal of procurators shall be decided by the chief procurator; The withdrawal of the chief procurator shall be decided by the procuratorial committee of the people's procuratorate at the same level. The investigator shall not stop the investigation of the case before a decision is made on the investigator's withdrawal.
Article 32
People's procuratorates may use five kinds of compulsory measures in investigation, namely: detention, bail pending trial, residential surveillance, detention, and arrest.
Article 33
In the process of investigation, the people's Procuratorate, for the criminal after the crime attempt to commit murder, suicide, escape, destruction, falsification of evidence or collusion, etc., and really need to be detained in advance, fill in the "Petition for Detention Approval Form" after the decision of the chief prosecutor, fill in the "Detainer Notice" to notify the investigation organ to issue a "detention Certificate" and execute, when necessary, the people's Procuratorate may send officers to assist. And in accordance with the relevant provisions of the Criminal Procedure law.
Article 34
The arrest of a criminal shall be carried out in strict accordance with the provisions of Article 40 of the Criminal Procedure Law. The arrester shall fill in the Arrester's Examination and Approval Form, and upon the decision of the Chief procurator or the procuratorial Committee, and issue a Notice of Arrest Decision to notify the investigation organ to issue the Arrest Warrant and execute it, the People's Procuratorate may send officers to assist if necessary. At the same time report to the superior people's procuratorate for the record. The people's Procuratorate at a higher level shall notify the people's procuratorate at a lower level to correct the wrongful arrest. If a defendant who should be arrested is at large, he may request the investigation organ to issue a wanted notice and take effective measures to track him down.
Article 35
Where a cadre or a well-known person at or above the county level commits a crime and needs to be arrested, the corresponding people's procuratorate shall review and decide after soliciting the opinions of the relevant departments in accordance with the provisions on the authority of cadres' administration. Where there is disagreement with the opinions of relevant departments, the People's Procuratorate at a higher level shall be reported for decision. If a deputy to the National People's Congress or to a local people's Congress at or above the county level commits a crime requiring his arrest, he shall obtain the permission of the Standing Committee of the National People's Congress or the corresponding Standing Committee of the local People's Congress. If the people's procuratorate considers that the Standing Committee of the people's Congress at the corresponding level is wrong in disagreeing with the opinion on arrest, it may request reconsideration. If an active criminal is detained, the organ making the decision on detention must immediately report it to the Standing Committee of the people's Congress at that level for approval.
Article 36
The people's procuratorate shall interrogate a defendant who has been detained or arrested within 24 hours. The reasons for detention or arrest and the place of detention shall be notified within 24 hours of the family members of the person detained or arrested or the unit to which they belong, except in cases that hinder investigation or cannot be notified.
Article 37
Where it is necessary for a defendant to be released on bail or placed under residential surveillance, the approval of the procurator-General shall be obtained. Bail pending trial, should fill in the "bail pending trial decision", issued by the guarantor "bond". For residential surveillance, a Written Decision on residential surveillance shall be made, and a power of Attorney for residential surveillance shall be filled out, which shall be carried out by the local police station, or by the entrusted local government department or the unit to which the defendant belongs. For those who are under residential surveillance, areas where they are not allowed to leave shall be designated according to the specific circumstances of the case and the defendant. The above two kinds of decisions should be read to the defendant, and let the defendant sign or seal.
Article 38
For those who have taken bail pending trial or residential surveillance, if it is necessary to revoke it, a Notice of Revocation of Bail pending Trial or a Notice of Revocation of residential surveillance shall be issued with the approval of the procurator-General to notify the guarantor, the local police station, the entrusted unit and the defendant; If it is necessary to make an arrest, the arrest formalities shall be completed in a timely manner and the arrest shall be made.
Article 39
If a defendant who is in custody and under investigation cannot be settled within the time limit prescribed in the Criminal Procedure Law, and if there is no danger to the society by means of bail pending trial or residential surveillance, the compulsory measures may be changed to bail pending trial or residential surveillance with the approval of the procurator-general. The period of bail pending trial or residential surveillance shall not be counted into the time limit for handling the case as stipulated in the Criminal Procedure Law, but the investigation of the case shall not be interrupted. When the detention is released, a Notice of Decision to release shall be prepared to notify the investigation organ for execution. If a superior people's procuratorate decides to arrest a criminal and needs to change or revoke a compulsory measure, it shall consult the superior people's procuratorate that originally decided to make the arrest for decision.
Article 40
A defendant who has been arrested shall not be detained for more than two months during investigation. If the case is complicated and cannot be concluded after the expiration of the time limit, it shall be reported to the people's Procuratorate at the next level for approval of an extension of one month seven days before the expiration of the detention period. If the case of a major criminal group or a major complex case in a remote area where the traffic is very inconvenient and the case is committed in transit, cannot be concluded within the time limit for investigation and detention prescribed in paragraph 1 of Article 92 of the Criminal Procedure Law, an application shall be filed 15 days before the time limit for detention, which may be extended by two months upon the approval or decision of the people's Procuratorate of a province, autonomous region or municipality directly under the Central Government; During the investigation, if the defendant is found to have committed another crime different in nature from the one originally filed, he may, with the approval of the chief procurator, conduct additional investigation and recalculate the period of detention. In the case of investigation or prosecution under the changed jurisdiction, the time limit for handling the case shall be calculated from the date on which the changed case-handling organ receives the case. The period during which the defendant is appraised for mental illness is not included in the case handling period. Where the period of detention is extended, the formalities for extending the period of detention must be completed in accordance with regulations.
Article 41
For cases that have been investigated and concluded, the organizer shall write a report on the conclusion of the investigation, and propose opinions on prosecution, or exemption from prosecution or cancellation of the case, and for defendants who do not constitute crimes in joint criminal cases, they shall propose opinions on non-prosecution. After the procurator-general or procuratorial committee review and decision, the indictment, the Decision on exemption from prosecution, the Decision on non-prosecution and the decision on cancellation of the case shall be made respectively and reported to the People's Procuratorate at a higher level for the record in accordance with the provisions.
Article 42
The cases for which public prosecution is initiated shall be those provided for in Article 100 of the Criminal Procedure Law, in which the facts are clear, the evidence is reliable and sufficient, and criminal responsibility shall be investigated according to law.
Article 43
The cases for which prosecution is exempted shall be those which have already constituted a crime and which do not require punishment or exemption from punishment according to the provisions of the criminal law. For the case of exemption from prosecution of stolen money, stolen goods, contraband, criminal tools, etc., must be approved by the chief prosecutor to be collected, and fill in the list of confiscated stolen money, stolen goods and confiscation Decision in two copies, one copy to the defendant, one copy for filing, and in the "exemption from prosecution Decision" note column. After the decision of exempting the defendant from prosecution, the written decision of exempting the defendant from prosecution shall be sent to the defendant and his unit. If he is in custody, he shall immediately notify the investigating organ of his release. Where a civil action is incidental to a case of exemption from prosecution, the defendant may be admonished or ordered to make a statement of repentance, make an apology or make compensation for losses. And supervise the parties to reach an agreement. In case of a dispute arising from the execution of the agreement, the parties may bring a private prosecution to the people's court for trial.
Article 44
For the cases decided to cancel, the "cancellation of the case decision" should be filled in, respectively to the defendant's unit, reported to the people's procuratorate at a higher level for filing and archiving, if it is necessary to notify the defendant, the defendant can be handed over a copy. If the defendant is in custody, he shall immediately notify the investigating organ of his release.
Article 45
In cases where investigation has been concluded, the time for preparation for prosecution shall not exceed one month; Major and complex cases can be extended by half a month.
Article 46
After prosecution, the people's court returns the case for supplementary investigation, and the supplementary investigation shall be completed within one month.
Article 47
Where, after examination, it is found that the defendant does not need criminal punishment or decides to exempt the defendant from prosecution, cancel the case or not prosecute, and needs to be transferred to the relevant organ for handling; As well as the investigation of cases found in the work and management of the unit loopholes or problems, should be issued to the relevant authorities, and ask them to inform the people's procuratorate of the results of the study.
Article 48
For the prosecution of a case decided to prosecute, support the prosecution in court, trial supervision, and matters not covered in this procedure concerning arrest, prosecution, and exemption from prosecution, reference shall be made to the relevant provisions of the Trial Rules for Criminal Procuratorial Work of the Court.
Article 49
Military prosecutor's Office,
Railway transport procuratorate
The procedures for handling criminal cases directly may be formulated by reference to these procedures. And submitted to the Supreme People's Procuratorate for the record.
Article 50
The filing system of case materials shall be separately stipulated.
