First, how can we find out whether the case has reached 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.
Second, the conditions for the procuratorial organs to initiate public prosecution.
1, the substantive conditions include two: 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.
2, the so-called criminal facts have been ascertained, refers to the procuratorial organs have verified 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.
Three, one of the following circumstances, you can confirm that the facts of the crime 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.
Legal basis:
Criminal Procedure Law of the People's Republic of China
essay
Public security organs are responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
Article 176
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.
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.