1. Is it necessary for the family members who have retired from investigation to communicate with the public security?
We can communicate. But all through lawyers. If there is no notice, you have to rely on a lawyer or call yourself to inquire.
According to the law, when a criminal case reaches the second stage, that is, when the procuratorate examines and prosecutes, if the procuratorate thinks that the evidence is insufficient and the facts are unclear, it can return it to the public security organ for supplementary investigation.
It is best to entrust a professional criminal lawyer to handle criminal cases. If the defense lawyer thinks that there are problems with the investigation means and techniques adopted by the investigation organ, he may put forward the exclusion of illegal evidence from the evidence obtained by investigation.
Second, what does it mean to review the prosecution and withdraw the investigation?
The withdrawal of the procuratorate is to return the file to the public security for supplementary investigation.
Legal basis: Article 175 of the Criminal Procedure Law, when examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of this Law, he may be required to explain the legality of collecting evidence.
3. What are the classifications of supplementary investigation?
Supplementary investigation is now divided into two categories:
Supplementary investigation in the stage of examination and prosecution
Article 175 of the Criminal Procedure Law stipulates: "When a people's procuratorate examines a case, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. In the case of supplementary investigation, the supplementary investigation shall be completed within 1 month. Supplementary investigation is limited to 2 times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution. For the case of supplementary investigation, if the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute. "
1. There are two kinds of supplementary investigations. That is, if the public security organ terminates the investigation and the people's procuratorate needs supplementary investigation after examination, it may decide to return the case to the public security organ for supplementary investigation, or it may decide to conduct investigation on its own, and ask the public security organ for assistance when necessary. However, if the people's procuratorate needs to make supplementary investigation on a case that has been investigated by itself, it cannot be returned to the public security organ for supplementary investigation.
2. According to Article 175 of the Criminal Procedure Law and Articles 268 and 269 of the the Supreme People's Procuratorate Rules, a case returned to the public security organ for supplementary investigation shall be completed within one month; The time limit for the people's procuratorate to examine and prosecute shall be recalculated from the date when the supplementary investigation of the case is completed and the case is transferred for prosecution. If the people's procuratorate decides to conduct its own investigation during the period of examination and prosecution, it shall complete the investigation within the period of examination and prosecution.
3. The number of supplementary investigations shall not exceed 2 times. This not only refers to the cases returned to the public security organs for supplementary investigation, but also includes the cases that the people's procuratorate decided to return to the investigation department for supplementary investigation.
4, after the supplementary investigation of the case, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions for prosecution, it shall make a decision not to prosecute. The purpose is to safeguard the legitimate rights and interests of criminal suspects, prevent cases from being dragged on for a long time and improve the efficiency of litigation.
As the name implies, withdrawing the investigation is actually returning the original case to the public security organ to improve the evidence. Supplementary investigation is divided into public security organ investigation and procuratorate investigation. The people's courts may conduct investigations on their own in the course of hearing cases. At this time, if the investigation is over, the public security organ can't investigate again. There are online lawyers. If you have any questions, please feel free to consult.