How to handle criminal cases by the public security organs, how to divide responsibilities, cooperate with each other, and restrict each other to ensure accurate and effective law enforcementAccording

How to handle criminal cases by the public security organs, how to divide responsibilities, cooperate with each other, and restrict each other to ensure accurate and effective law enforcementAccording to the provisions of Article 140 of the Constitution, the people's courts, people's procuratorates, and public security organs handle criminal cases In criminal cases, there should be division of labor and responsibilities, mutual cooperation and mutual restraint, so as to ensure the accurate and effective implementation of the law. The so-called mutual restraint means that the public security organs, procuratorial organs, and political and legal organs are required to restrain each other in criminal proceedings, put forward their own opinions and opinions on relevant issues and decisions in accordance with their powers prescribed by law, prevent possible deviations, and require correction of those that have already occurred. error. Division of labor and responsibility is the basis and prerequisite for mutual coordination and mutual restriction. Mutual coordination and mutual restriction are the results and inevitable requirements of division of labor and responsibility. Division of labor and responsibility, mutual cooperation and mutual restriction are the three interrelated necessary conditions to ensure the accurate and effective implementation of the law. Division of labor and responsibility is conducive to improving the quality of case handling and preventing subjective one-sidedness. Mutual cooperation allows the public, prosecutorial and legal authorities to exchange information and work together to ensure accurate and timely punishment of crimes and effectively protect the people. Mutual restraint can detect and correct errors in time. Expanding information comes first, and the three agencies of public security, security, and law divide their work and cooperate with each other. According to the provisions of the Criminal Procedure Law, mutual cooperation is specifically reflected in the following aspects: (1) Cooperation between prosecutors and police. When filing and investigating cases, the public security organs shall be prepared for the People's Procuratorate to review, approve arrests and initiate public prosecutions; if the People's Procuratorate requests an arrest from the public security organs and meets the conditions, it shall approve the arrest in a timely manner; self-investigation cases directly accepted by the People's Procuratorate require detention, The decision to arrest a criminal suspect shall be made by the People's Procuratorate and executed by the public security organs; if the People's Procuratorate needs to make a wanted arrest, it shall notify the public security organs. If the People's Procuratorate needs to arrest a defendant, it shall notify the public security organs to carry out the arrest. Second, the three organs of public security, prosecution and law restrict each other. In our country, the mutual constraints between the three organs of public security, prosecutors, and law have two characteristics: 1. It is a two-way restriction, that is, the constraints between the three organs of public security, prosecutors, and law that are responsible for the functions of investigation, prosecution, and trial are mutual, and each agency forms a certain degree of restriction on other agencies. , at the same time, it has also become the object of restriction and supervision by other agencies. 2. It is the restriction of procuratorial police officers and the procuratorial legal system. The first is the constraints on prosecutors and police officers. 1. It is a restriction in handling the case. If the People's Procuratorate submits a case to the People's Procuratorate that the public security organs should file for investigation or the victim believes that the public security organs should file a case for investigation but does not, the People's Procuratorate shall request the public security organs to explain the reasons for not filing the case. If the People's Procuratorate believes that the reason for the public security organ not to file a case is untenable, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notification. 2. Mutual constraints on the power of arrest. When the public security organ arrests a criminal suspect, it must submit it to the People's Procuratorate for approval; if approval is not granted, and the public security organ believes that the arrest should be made, it may submit a request for review. If the procuratorate does not accept the case, it may also submit it to the People's Procuratorate at the next higher level for review. 3. Mutual constraints on the right not to prosecute. According to Article 175 of the 2012 Criminal Procedure Law, if the People’s Procuratorate decides not to prosecute a case transferred for prosecution by the public security organ, it shall send a letter of decision not to prosecute to the public security organ. If the public security organ believes that the decision not to prosecute is erroneous, it may submit a request for review; if it is dissatisfied with the review opinion, it may submit a request for review to the People's Procuratorate at the next higher level. 4. Supervise investigation activities. The procuratorial organs have the right to supervise the case-filing activities of the public security organs. When the public security organs need to arrest criminal suspects, they must report to the People's Procuratorate for review and approval. The People's Procuratorate supervises the legality of the public security organs' investigation activities. The second is the judicial system. On the one hand, after trial, the People's Court believes that the facts of the case charged by the procuratorate are clear and the evidence is reliable and sufficient. If the defendant is found guilty according to law, a guilty verdict should be made; if the defendant is found innocent according to law, a not guilty verdict should be made. On the other hand, if the People's Procuratorate believes that the People's Court's judgment or ruling is indeed erroneous, it has the right to lodge a protest in accordance with the second instance procedure or trial supervision procedure. This is a restriction imposed by the procuratorate on the people's courts.