Provisions of the public security organs on transferring the notice of examination and prosecution

Legal analysis: The investigation organ shall meet the following conditions when it decides to transfer the case that the investigation has ended to the people's procuratorate for examination and prosecution:

(1) The facts of the crime are clear;

(2) The evidence is true and sufficient;

(3) Correctly identifying the nature and charges of a crime;

(4) Complete legal procedures;

(5) criminal responsibility shall be investigated according to law.

When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. The procuratorate shall make a decision on the cases transferred for prosecution by the public security organs within one month, and the major and complicated cases may be extended for half a month.

Legal basis: Provisions on Procedures of Public Security Organs Handling Criminal Cases

Article 74 The public security organ may, according to the circumstances of the case, detain a criminal suspect who needs to be summoned, or a criminal suspect who fails to appear in the case without justifiable reasons after being summoned, and may be summoned to a designated place in the city or county where he is located for interrogation.

Need to be summoned, should fill in the "petition summons report", with relevant materials, reported to the public security organs at or above the county level for approval.

Article 75 When arresting a criminal suspect, a public security organ shall produce an arrest warrant and order him to sign and print his hand.

After the criminal suspect arrives at the case, he shall be ordered to fill in the time of the case on the detention certificate; After the detention is over, the detention end time shall be filled in the detention certificate. If the criminal suspect refuses to fill it out, the investigator shall indicate it on the detention certificate.

Article 76 The time for summoning shall not exceed 12 hours; If the case is particularly serious and complicated and requires detention or arrest, the detention period shall not exceed 24 hours with the approval of the person in charge of the public security organ at or above the county level. A criminal suspect shall not be detained in disguised form by continuous summons.

If the period of compulsory summons expires and no other compulsory measures are decided, the compulsory summons shall be terminated immediately.