After the second supplementary investigation by the public security organ, if the facts of the crime are clear and the evidence is true and sufficient, the people's procuratorate will examine and prosecute. If the evidence is still insufficient after the second supplementary investigation, the procuratorate may decide not to prosecute, and the public security organ shall dismiss the case and lift the detention. ?
Article 319 of the Rules of Criminal Procedure of the People's Procuratorate (Trial) stipulates that if the criminal suspect submitted for approval by the public security organ is under the circumstances stipulated in Articles 143 and 144 of these rules, the people's procuratorate shall make a decision not to approve the arrest and explain the reasons, and serve it to the public security organ for execution with the file. If supplementary investigation is needed, the public security organ shall be notified at the same time. ?
Article 162 of the Criminal Procedure Law: When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, and write a prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. ?
If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion. ?
Extended data:
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Supplementary investigation is now divided into two categories:?
Supplementary investigation in the stage of examination and prosecution?
Article 17 1 of the Criminal Procedure Law stipulates: "When a people's procuratorate examines a case and needs supplementary investigation, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. In the case of supplementary investigation, the supplementary investigation shall be completed within 1 month. ?
Supplementary investigation is limited to 2 times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution. If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute. "?
Supplementary investigation in the trial stage?
According to the provisions of Articles 198 and 200 of the Criminal Procedure Law, in the course of court trial, if the procurator finds that the public prosecution case needs supplementary investigation and puts forward suggestions for supplementary investigation, the people's court may postpone the trial, and the supplementary investigation shall be completed within 1 month. ?
In addition, according to the provisions of Article 226 of the Interpretation of the Criminal Procedure Law, the collegial panel found that the defendant may have voluntary surrender, meritorious service and other statutory sentencing circumstances during the trial of the case, but if there is no such evidence in the evidence materials for prosecution and transfer, it shall notify the people's procuratorate to transfer it. ?
During the examination and approval period, if the defendant puts forward new clues for meritorious service, the court may suggest the people's procuratorate to make supplementary investigations. ?
China people's congress net-criminal procedure law
Shizuishan People's Procuratorate-Criminal Procedure Rules of People's Procuratorate (Trial)