Return for supplementary investigation in accordance with the law.
According to the provisions of the Criminal Procedure Law:
Article 175 The People’s Procuratorate may request the public security organs to provide evidence materials required for court hearings; Article 56: Where evidence is collected using illegal methods, the public security organ may be required to explain the legality of the collection of evidence.
The People's Procuratorate shall review the case. If supplementary investigation is required, it may be returned to the public security organ for supplementary investigation, or it may conduct its own investigation.
The supplementary investigation of the case should be completed within one month. Supplementary investigation is limited to two times. If the supplementary investigation is completed and transferred to the People's Procuratorate, the People's Procuratorate will recalculate the time limit for review and prosecution.
For a case subject to the second supplementary investigation, if the People’s Procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, it shall make a decision not to prosecute. Extended information
Other relevant provisions of the Criminal Procedure Law:
Article 173: The People’s Procuratorate examines cases, interrogates criminal suspects, and hears the opinions of defenders or agents ad litem, victims and The opinions of its litigation attorney shall be recorded in the record. If the defender or duty lawyer, the victim and his or her litigation agent submit written opinions, they shall be attached to the file.
If a criminal suspect pleads guilty and accepts punishment, the People's Procuratorate shall inform him of his litigation rights and the legal provisions on pleading guilty and accepting punishment, and listen to the opinions of the criminal suspect, defender or duty lawyer, the victim and his litigation agent on the following matters: And record it in the case:
(1) The facts, charges and applicable laws of the suspected crime;
(2) Leniency, reduction of punishment or exemption from punishment, etc. Opinion.
(2) Suggestions on lenient treatment such as lenient treatment, reduced punishment, and exemption from punishment;
(3) Trial procedures applicable to cases of guilty pleas and punishments;
(4) ) Other matters requiring hearing.
When the People's Procuratorate listens to the opinions of the duty lawyer in accordance with the provisions of the previous two paragraphs, it shall provide necessary convenience for the duty lawyer to understand the relevant circumstances of the case in advance.
Article 174: If a criminal suspect voluntarily pleads guilty and agrees to the sentencing recommendations and procedures, he shall sign a confession of guilt and punishment in the presence of the defender or duty lawyer.
If a criminal suspect pleads guilty and accepts punishment, there is no need to sign a confession of guilt and punishment under any of the following circumstances:
(1) The criminal suspect is blind, deaf, mute or has not yet Mental patients who have lost the ability to identify or control their own behavior;
(2) The legal representative or defender of a minor criminal suspect has objections to the minor's confession and punishment;
(3) Other situations where signing a confession of guilt and punishment is not required.
Supreme People's Procuratorate--"Criminal Procedure Law of the People's Republic of China"