1. What does supplementary investigation specifically mean?
Supplementary investigation, in the stage of public prosecution, refers to a litigation activity in which the people's procuratorate ends the investigation by the public security organ and transfers the case to prosecution, or in the process of examination and prosecution, it is found that the facts are unclear, the evidence is insufficient or the co-defendant is missing, and it is necessary to supplement the relevant special investigation. The purpose of supplementary investigation is to find out the relevant facts and evidence to decide whether to hand over the criminal suspect to the people's court for trial.
According to the second paragraph of Article 140 of the Criminal Procedure Law, there are two forms of supplementary investigation: one is that the people's procuratorate returns to the public security organ. This form is generally applicable to cases where the main criminal facts are unclear, the evidence is insufficient, or important criminal facts and accomplices who should be investigated for criminal responsibility are omitted. The people's procuratorate shall make a decision on the return of a case that needs to be returned for supplementary investigation, stating the reasons for the return of the investigation and the specific matters and requirements that need to be supplemented and ascertained.
The other is the people's procuratorate's own investigation. This method is generally applicable to cases where there are only some minor criminal facts, the circumstances are unclear, the evidence is insufficient, the public security organs have violated the law in the investigation activities, and there are great differences with the public security organs in determining the facts and evidence, or the cases have been verified but not yet ascertained.
If a self-investigation case needs supplementary investigation, the examination and prosecution department of the people's procuratorate shall return the case to the investigation department of our hospital. In the supplementary investigation, the people's procuratorate shall re-collect or identify all kinds of doubtful evidence. For example, when people's procuratorates have doubts about the conclusion of the appraisal or at the request of the parties concerned, they should conduct medical appraisal on the suspects and victims themselves, and when necessary, they can hire qualified personnel from medical institutions or specialized appraisal institutions to participate. When people's procuratorates are in doubt about material evidence, documentary evidence, audio-visual materials and inspection records, they shall require case-handling personnel to provide information related to the acquisition and production of material evidence, documentary evidence, audio-visual materials and inspection records, and shall collect and produce them again when necessary, and may identify the material evidence, documentary evidence and audio-visual materials.
If you are in doubt about the testimony of the witness, you should also ask again. According to the third paragraph of Article 140 of the Criminal Procedure Law, the supplementary investigation shall be completed within 1 month. Supplementary investigation is limited to two times. The purpose of this provision is to prevent the delay in closing the case, avoid the extended detention and indecision of the criminal suspect, protect the legitimate rights and interests of the criminal suspect, and urge the investigation organ to carry out investigation.
If the main facts or evidence of the case returned for supplementary investigation have changed significantly, the investigation organ shall put forward new prosecution opinions; Individual cases only supplement relevant materials, which can be transferred to the people's procuratorate in the form of written opinions; If the case should be revoked, the people's procuratorate shall be informed of the revocation decision.
Two, the review and prosecution of criminal cases is divided into several steps.
Review and prosecution is an important litigation activity, which is in the middle of the whole criminal procedure. In order to ensure the smooth progress of examination and prosecution, the specific methods and steps of examination and prosecution shall meet the following requirements:
1. The cases examined and prosecuted by people's procuratorates at all levels shall be adapted to the trial jurisdiction of the people's courts. When a people's procuratorate accepts a case transferred for examination and prosecution, it shall, with the approval of the procurator-general, appoint a procurator or an assistant procurator to act as an agent for procuratorial work, or it may be handled by the procurator-general.
2. Check the case file. After receiving the case, the case-handling personnel shall promptly review whether the case materials transferred by the public security organ or the criminal investigation department are complete, and whether there are legal documents such as the Prosecution Opinion and evidence materials. For example, if the suspect has been detained, arrested or searched, check whether there is a search warrant, detention warrant or arrest warrant. Then carefully read the prosecution opinion, understand the criminal facts, circumstances, criminal nature and charges of the criminal suspect and the reasons for requesting prosecution, carefully review the evidence materials in the case file, and review them one by one according to the five contents of legal review and prosecution. If you find any questions, you can ask the investigators. Carefully review the documents and make marking records.
3. Interrogate the suspect. Interrogating a criminal suspect is a necessary procedure for the people's procuratorate to examine and prosecute. This is necessary for the people's procuratorate to verify the evidence, correctly identify the facts of the case and supervise the legality of investigation activities. Interrogating a criminal suspect also helps to directly understand the criminal suspect's mental state and repentance attitude, provide him with an opportunity to defend himself and listen to his reasons. Therefore, interrogating criminal suspects is of great significance and must be carried out according to law. According to the provisions of the Criminal Procedure Law, interrogation can only be conducted by prosecutors. When interrogating a criminal suspect, he shall be informed of his right to apply for withdrawal. Procurators shall not be less than two people during interrogation. They shall first ask the criminal suspect whether he has committed a crime and let him state the guilty plot or plead not guilty. Then, according to the criminal suspect's statement and marking, they shall determine the key points of reviewing the evidence and ask the criminal suspect questions and let him answer. Interrogation of criminal suspects should be conducted individually in addition to confrontation, and attention should be paid to making notes.
4. Listen to the opinions of victims, criminal suspects and persons entrusted by victims. The people's procuratorate shall, within 3 days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender, and inform the victim and his legal representative or close relatives that he has the right to entrust an agent ad litem. Asking the victim, the criminal suspect and the person entrusted by the victim and listening to their opinions is also the necessary procedure for the people's procuratorate to review and prosecute. The victim in a criminal case is the victim of a criminal act and has a better understanding of the case, so listening to his opinions will not only help to find out the facts of the case, but also help to protect the legitimate rights and interests of the victim. In judicial practice, many victims and criminal suspects lack legal knowledge or are limited by their cultural level, so they can't accurately state and answer the prosecutor's questions and need to entrust others to represent them.
Therefore, the Criminal Procedure Law stipulates that the people's procuratorate should listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim when examining the case, which is more helpful for the procurator to verify the evidence and find out the facts of the case. Interrogation of the victim, the criminal suspect or the person entrusted by the victim shall be conducted by two or more procurators, and the certificates of the People's Procuratorate shall be presented to them. Before the inquiry, it should also be told to provide evidence and statements truthfully, and the inquiry should be conducted individually, and attention should be paid to making records.
To sum up, I have combed the relevant contents of supplementary investigation. It can be seen that the general procuratorate supplements the investigation because the evidence submitted by the public security organs is insufficient, but it cannot directly conclude that the other party must have no criminal facts and does not need to be investigated for criminal responsibility. The procuratorate also has specific steps in reviewing criminal cases.