Prosecution procedure of procuratorate

Legal analysis: the people's procuratorate should make a decision on the case transferred for prosecution by the supervisory organ and the public security organ within one month, and the major and complicated cases can be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days. When examining a case, the criminal suspect shall be questioned. If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute, file a public prosecution with the people's court in accordance with the provisions of jurisdiction, and transfer the case files and evidence to the people's court.

Legal basis: Article 172 of the Criminal Procedure Law of People's Republic of China (PRC), the people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month, and the major and complicated case may be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.

If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.

Article 173 When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and put them on record. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume.

If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his litigation agent on the following matters, and put them on record:

(1) Suspected criminal facts, charges and applicable legal provisions;

(2) Suggestions on a lighter, mitigated or exempted punishment;

(3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment;

(four) other matters that need to listen to opinions.

If the people's procuratorate listens to the opinions of the lawyers on duty in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the lawyers on duty to know the relevant situation of the case in advance.

Article 176 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court.

If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.