The people's procuratorate accuses the procuratorial department or the reporting center of accepting reports, complaints, reports, appeals and the surrender of criminal suspects.
The report can be made in writing, orally, by telephone or in other forms that the informant thinks convenient. To report truthfully, the content of the report should be realistic, and no fraud is allowed.
The clues that the people's procuratorate directly accepts the investigation cases shall be handled by the department in charge of investigation. The treatment regulations are as follows:
(1) The clues of investigation cases directly accepted by people's procuratorates shall be accepted, registered and managed by the departments in charge of investigation.
(2) Complaints and exposures accepted by the competent department of complaints and exposures, or clues discovered by other departments handling cases in our hospital, which are directly accepted by the people's procuratorate, shall be transferred to the competent department for investigation within seven days.
(3) After reviewing the clues of the case, the competent investigation department thinks that it belongs to the jurisdiction of our hospital and needs further investigation and verification, and reports it to the chief procurator for decision.
What conditions do people's procuratorates need to directly file a case for investigation?
Crimes such as illegal detention, extorting confessions by torture, and illegal search. The people's procuratorate may file a case for investigation of illegal acts found by judicial personnel in the process of legal supervision of litigation activities.
According to the relevant laws and regulations, criminal cases are investigated by public security organs, unless otherwise stipulated by law. Crimes such as illegal detention, extorting confessions by torture, and illegal search. The people's procuratorate may file a case for investigation of illegal acts found by judicial personnel in the process of legal supervision of litigation activities.
If a major criminal case of a functionary of a state organ under the jurisdiction of a public security organ needs to be directly accepted by a people's procuratorate, it may be placed on file for investigation upon the decision of a people's procuratorate at or above the provincial level. Cases of private prosecution are directly accepted by the people's courts.
Legal basis:
Rules of criminal procedure of the people's procuratorate
Article 57 If a defender or agent ad litem believes that a public security organ, a people's procuratorate, a people's court and its staff have any of the following acts that hinder them from exercising their litigation rights according to law, they shall lodge a complaint or accusation with the people's procuratorate at the same level or at the next higher level, and the department in charge of complaint and accusation of the people's procuratorate shall accept it and handle it according to law, and other departments handling cases shall cooperate:
(a) in violation of regulations, refusing to accept the withdrawal request made by the defender or agent ad litem, or refusing to accept the application for reconsideration of the decision not to withdraw;
(2) Failing to inform the criminal suspect or defendant of the right to entrust a defender according to law;
(3) Failing to transmit the request of the criminal suspect or defendant who is detained or under residential surveillance to entrust a defender or failing to transmit the application materials for legal aid;
(4) failing to notify the legal aid institution to appoint a lawyer to provide defense or legal aid for a qualified criminal suspect, defendant or person who has been applied for compulsory medical treatment;
(5) Failing to accept or reply to the application for changing compulsory measures or the request for lifting compulsory measures put forward by the defender within the specified time;
(six) failing to inform the defense lawyer of the suspected crime and the relevant situation of the case according to law;
(seven) illegal restrictions on defense lawyers to meet with criminal suspects and defendants in custody or under surveillance;
(eight) illegal defense lawyers shall not consult, extract or copy the case files;
(9) Illegally restricting the collection and verification of relevant evidence materials by defense lawyers;
(10) Disagreeing with the defense lawyer's application for collecting and obtaining evidence or notifying witnesses to testify in court without justifiable reasons, or refusing to reply or explain the reasons;
(eleven) did not submit evidence to prove that the criminal suspect or defendant is innocent or guilty;
(12) Failing to listen to the opinions of defenders and agents ad litem according to law;
(13) Failing to inform the defender or agent ad litem of the time and place of the court session in time according to law;
(fourteen) failing to serve the legal documents of the case to the defender or agent ad litem in time according to law or failing to inform the transfer in time;
(15) Obstructing defenders and agents ad litem from exercising their litigation rights in accordance with the law during court proceedings;
(sixteen) other obstacles to the defenders and agents ad litem to exercise their litigation rights according to law.
Complaints and accusations made directly to the people's procuratorate at the next higher level may be transferred to the people's procuratorate at the next lower level or handled directly.
Defenders and agents ad litem who think that the detention center and its staff members have acts that hinder them from exercising their litigation rights according to law and complain or accuse them to the people's procuratorate shall be accepted by the department responsible for criminal execution and procuratorial work and dealt with according to law; Other case-handling departments that receive complaints and accusations shall promptly transfer them to the departments responsible for criminal execution and procuratorial work.