The hearing of the procuratorate is generally conducted in accordance with the following steps:
1, the prosecutor who undertakes the case introduces the case and the problems that need to be tried;
2, the parties and other participants to explain the need for a hearing;
3, the hearing officer to the parties or other participants to ask questions;
4. The host announced an adjournment to discuss the hearing with the hearing officer;
5, the host announced the resumption of the meeting, according to the case, can be expressed by the hearing officer or the hearing officer's representative;
6. The two sides make final statements;
7. The moderator summarizes the hearing.
The hearing officer's opinion is an important reference for the people's procuratorate to handle cases according to law. If it is proposed not to adopt the majority opinion of the hearing officer, it shall report to the procurator-general and make a decision after obtaining the consent.
First, how long will the non-prosecution hearing of the procuratorate last?
1, the procuratorate will give the result within 30 days after the non-prosecution trial. Not all criminal cases transferred by public security organs to the procuratorate will be decided by the procuratorate to prosecute. If it is found that the evidence handed over is insufficient for sentencing and other conditions for prosecution, the procuratorate accepting the criminal case will decide not to prosecute and make it public. The decision not to prosecute must conform to the procedural requirements.
2. Legal basis: Article 169th 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 public security organ within one month, and the major and complicated cases may be extended by half a month.
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.
Two, the procuratorate to make a decision not to prosecute, what procedures need to go through?
1, review If, after examination and prosecution, it is considered necessary to make a non-prosecution treatment, the prosecutor who undertakes the case shall write a review report, which shall be audited by the person in charge of the department and submitted to the competent procurator-general for decision or submitted to the procuratorial Committee for discussion and decision;
2. Decided not to prosecute. The decision not to prosecute shall be exercised by the procurator-general and the procuratorial committee;
3. Announcement and delivery. The people's procuratorate shall publicly announce the decision not to prosecute, and deliver the decision not to prosecute to the person who is not prosecuted, the unit to which he belongs, the victim or his close relatives, and the litigation agent of the victim respectively. When delivered, the victim or his close relatives or agents ad litem shall be informed. If you are not satisfied with the decision to sue and apologize, you can appeal to the people's procuratorate at the next higher level within 7 days from the date of receiving the decision not to prosecute, or you can bring a lawsuit directly to the people's court without appealing;
4. Consequences of non-prosecution. After the announcement of the decision not to prosecute is served, the compulsory measures shall be lifted in time, the seizure and freezing shall be lifted, and procuratorial opinions shall be put forward for those who need to be given administrative punishment, administrative punishment or confiscation of their illegal income and transferred to the relevant competent authorities for handling.
5. Report for approval. If a people's procuratorate below the provincial level decides not to prosecute a case directly accepted for investigation, it shall report it to the people's procuratorate at the next higher level for approval.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 19
Citizens may apply to attend the public hearing, and the people's procuratorate may invite the media to attend. With the approval of the procurator-general, the people's procuratorate may broadcast or record the hearing live through public media such as China Procuratorial Hearing Network.
Relevant technologies and work specifications involved in live broadcast and recording of public hearings shall be implemented in accordance with relevant regulations.