What does it mean for the procuratorate to ask questions? Generally speaking, it is not illegal for the procuratorate to ask about the case and make a record. Article 19 1 of the Criminal Procedure Law of the People's Procuratorate. In the process of investigation, the people's procuratorate shall promptly ask witnesses and inform them to fulfill their rights and obligations as witnesses. The people's procuratorate shall ensure that all citizens who are related to the case or know the circumstances of the case can provide evidence objectively and fully, and keep secrets for them. Except in special circumstances, the people's procuratorate may employ them to assist in the investigation. Article 192 The interrogation of witnesses shall be conducted by public prosecutors. At the time of inquiry, there shall be no fewer than two procurators or procurators and clerks. Article 193 The questioning of a witness may be conducted on the spot, or at the residence of the witness or the place put forward by the witness. When necessary, witnesses may also be notified to testify in the people's procuratorate. If an inquiry is made at the place proposed by the witness, it shall be recorded in the record. The questioning of witnesses should be conducted separately. When questioning witnesses on the spot, they shall show their work certificates. When interrogating a witness at the unit, residence or place proposed by the witness, the people's procuratorate's certification documents shall be produced. Article 194 When interrogating a witness, one should ask about the basic information of the witness and his relationship with the party concerned, and inform the witness that he should truthfully provide evidence and testimony, and bear the legal responsibility of intentionally perjury or concealing criminal evidence. However, the case shall not be disclosed to the witness, and the testimony shall not be obtained by detention, violence, threat, temptation, deception or other illegal methods. When inquiring about important witnesses in major or socially influential cases, the whole inquiry process shall be recorded and recorded, and it shall be noted in the inquiry record. Article 195 The provisions on questioning witnesses shall apply to questioning victims. Bian Xiao's summary ends here. If you have more questions about this, please come to the website for consultation. The website provides professional legal consulting services, and a professional team of lawyers will help you solve your doubts.
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Article 119 of the Criminal Procedure Law: A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificates of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record. The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time. Legal basis: Several Provisions on Handling Economic Crime Cases by Public Security Organs Article 18 If the facts or clues of the case are unclear during the case-filing review, with the approval of the person in charge of the case-handling department of the public security organ, measures that do not restrict the personal and property rights of the investigated object may be taken in accordance with relevant regulations. After examination, it is considered that there are criminal facts that need to be investigated for criminal responsibility, and the person in charge of the public security organ at or above the county level shall approve the case. After placing a case on file, the public security organ shall take investigation measures, but generally it shall not take compulsory measures to restrict personal and property rights. If it is really necessary, it must be strictly in accordance with the conditions and procedures prescribed by law. It is strictly forbidden to seal up, detain or freeze the property involved, and it is strictly forbidden to detain or arrest criminal suspects without a license. After filing a case, the public security organ actively investigates within 30 days, but still cannot collect enough evidence to prove that there are criminal facts that need to be investigated for criminal responsibility against the criminal suspect, it shall immediately dismiss the case or terminate the investigation. Major, difficult and complicated cases may be extended for another 30 days with the approval of the person in charge of the public security organ at the next higher level. If the public security organ at a higher level thinks that it should not file a case and order it to be corrected within a time limit, or if the people's procuratorate thinks that it should not file a case and notify it to be revoked, the public security organ shall promptly revoke it.