I. Meaning
The people's procuratorate is the legal supervision organ of the state. In criminal proceedings, it has the right to supervise the legality of the investigation by public security organs, the trial by the court and the execution activities of the executive organs. This kind of supervision runs through the criminal proceedings.
Second, the specific implementation
(1) Filing supervision
Ensure that the case is filed according to law, and prevent and correct the occurrence of cases that are not established and illegally filed.
(1) At the stage of filing a case, if the people's procuratorate thinks that the public security organ fails to file a case for investigation or it is illegal to file a case for investigation, it has the right to ask the public security organ to explain the reasons for not filing a case or filing a case. If the reason is not established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice of filing a case.
(2) After examination, the people's procuratorate has evidence to prove that the public security organ may illegally use criminal means to intervene in civil and economic disputes, or use the case to retaliate, frame up, extort and seek other illegal interests, and has not yet submitted for approval of arrest or transfer for examination and prosecution. With the approval of the procurator-general, the public security organ shall be required to explain the reasons for filing the case in writing. After the public security organ explains the reasons for filing the case, the investigation and supervision department of the people's procuratorate shall conduct a review. If it is considered that the reasons for filing a case by the public security organ cannot be established, the public security organ shall be notified to cancel the case after discussion and decision by the chief procurator or the supervisory committee.
(two) to review the supervision of the arrest stage.
(1) If a public security organ finds a minor violation of the law in the course of investigation, it shall give an oral correction opinion to the investigator or the person in charge of the public security organ, and report it to the department head in time, and if necessary, the person in charge of the department shall put forward it. For serious violations of the law, it shall be reported to the chief procurator for approval, and then a Notice of Ordering Correction shall be issued to the public security organ.
(2) Supervision of the public security organ's application for approval of arrest: A criminal suspect who should be arrested but is not arrested by the public security organ shall be informed to apply for approval of arrest. If the public security organ still refuses to approve the arrest or the reasons for not approving the arrest cannot be established, the procuratorate may directly make an arrest decision and serve it on the public security organ for execution.
(three) review the supervision of the prosecution stage
(1) If the public prosecution department of the people's procuratorate finds that the investigators illegally collect evidence materials such as the confession of the criminal suspect, the statement of the victim and the testimony of the witness, it shall investigate and verify. If there are illegal methods to collect evidence, rectification opinions shall be put forward, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. When necessary, the procuratorate may send personnel to participate in the discussion of major cases and other investigation activities of the public security organs, and if any illegal acts are found, it shall promptly notify them to correct them.
(2) If the people's procuratorate finds that the materials transferred by the public security organ for examination and prosecution omit the crime of accomplice or criminal suspect, it shall suggest the public security organ to supplement the transfer for examination and prosecution; If the facts of the crime are clear and the evidence is true and sufficient, the people's procuratorate may also directly initiate a public prosecution.
(4) Supervision at the trial stage
Prosecute on behalf of the state and supervise court proceedings on behalf of the state.
1. supervision of court proceedings
If the people's procuratorate finds that the people's court has violated legal procedures in handling cases, it has the right to put forward rectification opinions to the people's court.
2. Supervision of the first-instance judgment
Local people's procuratorates at various levels shall lodge a protest with the people's court at the next higher level when they think that the judgment or ruling of the people's court at the corresponding level is indeed wrong.
3, the supervision of effective referee
If an error is found in a legally effective judgment or ruling, the people's procuratorate has the right to lodge a protest in accordance with the procedure of trial supervision.
4. Supervision of death penalty review procedure
In the review procedure of death penalty, the people's procuratorate may put forward opinions to the people's court. The people's court shall notify the people's procuratorate of the results of the review of the death penalty.
(v) Supervision during the implementation phase.
1. On-site supervision of execution of death penalty
Before the execution of the death penalty, the people's court shall notify the people's procuratorate at the same level to send personnel to supervise on the spot.
2. Supervision of execution outside prison
When a prison or detention center puts forward a written opinion on temporary execution outside prison, it shall send a copy of the written opinion to the people's procuratorate. The people's procuratorate may submit written opinions to the decision or approval authority. The decision to decide or approve the temporary execution outside prison shall be copied to the people's procuratorate. If the people's procuratorate thinks that the temporary execution outside prison is improper, it shall send the written opinions to the decision-making or approval organ within 1 month from the date of receiving the notice, and the decision-making organ shall immediately review the written opinions of the people's procuratorate.
3. Supervision of commutation and parole
If a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment has truly repented or rendered meritorious service during the execution period, and his sentence should be commuted or released on parole, the executing organ shall make a proposal to the court, which shall review and make a ruling and send a copy to the people's procuratorate. The procuratorate may submit written opinions to the people's court. The people's procuratorate believes that the people's court's ruling on commutation or parole is improper, and has the right to put forward written correction opinions to the people's court within 20 days after receiving a copy of the ruling. The people's court shall, within 1 month after receiving the rectification opinions, re-form a collegial panel for trial and make a final ruling.
4. To supervise the legality of the execution of criminal activities by the executing organs.
If an illegal act is found, it shall notify the executing organ to correct it.