How can I find out whether the case has gone to the procuratorate?
1. Go to the investigation and handling organ first and ask whether to transfer the case to the procuratorate. Or go directly to the procuratorate and ask if anyone's case has been handed over.
2. Defenders can bring lawyer's card, official letter from law firm, power of attorney and a copy of the client's ID card to the case management center of the procuratorate for inquiry; The Supreme People's Procuratorate has opened the People's Procuratorate's case information disclosure network, and lawyers can choose provinces to log in and inquire.
Procedures after handing over documents to the procuratorate
The transfer of the case from the police station to the procuratorate means that the investigation is over, the facts of the crime are ascertained and the evidence is sufficient, and it is transferred to the procuratorate for review and prosecution.
Article 160 of the Criminal Procedure 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, and write a prosecution opinion, which shall be transferred 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.
Article 172 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.
Conditions for prosecution by procuratorial organs
There are two substantive conditions: first, the criminal facts of the suspect have been ascertained and the evidence is true and sufficient; Second, criminal responsibility should be investigated according to law.
The so-called criminal facts have been ascertained, which means that the procuratorial organs have ascertained the following facts:
(1) The act committed by the criminal suspect is a criminal fact, not a legal act or a general illegal act;
(2) the fact that the defendant should bear criminal responsibility, rather than not bearing criminal responsibility or being exempted from criminal responsibility, such as the age and mental state of the suspect;
(three) the fact that the criminal suspect has committed one or more crimes;
(4) the fact that the criminal suspect should or can be given a lighter, mitigated or aggravated punishment. Finding out the above facts meets the conditions that the facts of the criminal suspect have been found out.
According to the provisions of the Criminal Procedure Rules of the People's Procuratorate, in any of the following circumstances, it can be confirmed that the criminal facts have been ascertained:
(1) In a single crime case, the facts related to conviction and sentencing have been ascertained, but the facts that do not affect conviction and sentencing cannot be ascertained;
(2) Cases of combined punishment for several crimes, some of which have been identified and meet the conditions for prosecution, while others cannot be identified;
(3) It is impossible to find out the whereabouts of the tools and stolen goods, but there are other evidences sufficient to convict and sentence the defendant;
(4) The main plots in the verbal evidence are consistent, and only a few plots are inconsistent, which does not affect the conviction. The evidence is true and sufficient, which means that the alleged criminal facts are proved by corresponding evidence, and there is no contradiction between the evidence and the facts of the case, which is enough to rule out the possibility of the non-defendant committing the crime.
The above knowledge is my answer to relevant legal questions. After the case is transferred from the public security organ to the procuratorial organ, the procuratorial organ will review the case materials, and if it meets the conditions for prosecution, the procuratorial organ will prosecute the suspect. If you have any questions about this issue, we have professional criminal defense lawyers at your service.