Which is bigger, the supervision department of the procuratorate or the public prosecution department? They are all internal departments of the procuratorate, regardless of rank or position, but with different division of labor.
* * * The case is pending in the Public Prosecution Section of the Procuratorate. * * * The case is in the procuratorate, indicating that the case has entered the stage of review and prosecution, and will soon be prosecuted to the court. * * The crime can generally be sentenced to 3 to 10 years in prison. According to the specific situation, the following are the relevant provisions:
Criminal law of the people's Republic of China
Article 236 Whoever commits the crime of * * by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever commits adultery with * * under the age of fourteen shall be given a heavier punishment on the basis of * * *.
* * * Whoever commits adultery with a woman * *, under any of the following circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(a) * * women, adultery * * vile;
(two) * * * women, adultery * * many people;
(3) Women in public places;
(four) more than two people * * *;
(5) Causing serious injury, death or other serious consequences to the victim.
What do you mean by public prosecution department and prosecution department of procuratorate? There is no so-called procuratorial department, and public prosecution represents the country to the court to investigate the criminal responsibility of criminals. Yancheng lawyer Bai Zhihai
The public prosecution function of the procuratorate is that the procuratorate accuses a crime, and the accusation is an accusation, not a suggestion, not a confirmation. Whether the defendant is guilty depends on the court's decision. Just like the plaintiff suing the defendant in a civil case, it should be decided by the court.
It is uncertain when the case will arrive at the public prosecution department of the procuratorate, and it is uncertain when the criminal case will arrive at the public prosecution department of the procuratorate. Determined by the staff of the procuratorate according to the needs of the work.
However, according to the provisions of the Criminal Procedure Law, there is generally a time limit for the procuratorate to review and prosecute cases. Under normal circumstances, the procuratorate shall make a decision within one month after accepting the criminal case transferred for prosecution by the investigation organ, and the major and complicated cases may be extended by half a month.
The procuratorate should interrogate the criminal suspect before the end of the examination and prosecution, so under normal circumstances, the procuratorate will interrogate the criminal suspect within one month or one and a half months, and the specific time will be determined by the undertaker according to the work arrangement.
Criminal procedure law
Article 169 The People's Procuratorate shall make a decision on a case transferred for prosecution by the public security organ within one month, and may extend it by half a month for major and complicated cases.
If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
How long does the public prosecution period of the procuratorate take? Generally speaking, it is one month, and major and complicated cases can be extended by half a month. However, if the evidence is insufficient and needs to be returned to the public security organ for supplementary investigation, the public security organ shall have one month's time limit for investigation, and the time limit shall be recalculated after re-prosecution with the procuratorial organ. The number of back checks is limited to two. So the maximum time limit is seven and a half months.
After a criminal case is established, does the Public Security Bureau report it to the Public Prosecution Section of the Procuratorate or the Arrest Arrest Section of the Procuratorate to the Public Prosecution Section? After a criminal case is established, whether the public security bureau reports to the public prosecution department of the procuratorate or the arresting department of the procuratorate reports to the public prosecution department depends on the content and stage of the report.
1. After the criminal case is put on file and the suspect is detained, the public security organ applies to the procuratorate for arrest. Within the procuratorate, the arrest department is responsible for examining and deciding whether to arrest.
2. After the criminal case is investigated by the public security organ, the public security organ transfers the case to the procuratorate, and the public prosecution section of the procuratorate is responsible for bringing a public prosecution to the court.
Write the indictment of the procuratorate xx the indictment of the people's procuratorate
X criminal inspection word []No. xx
Defendant Zhou Haitao, male, 26 years old, born on X, X, X, 19xx, Han nationality, Zhang Shi, qiaoxi district, unemployed, lives in Qipan Lane, Zhangjiakou bunker.
The robbery and murder case of defendant Zhou Haitao was investigated by our hospital on xx, xxxx, and the criminal facts were found as follows:
Zhou Haitao idled around and gambled for a living, and as a result, he was heavily in debt, so he thought of robbery. On the evening of April 8, 2008, Zhou Haitao injured the victim Zhang Yi with an iron bar. After taking one of his watches and 65,438+000 yuan in cash, he brutally strangled the victim in an attempt to kill him.
The above-mentioned criminal facts are clear and the evidence is conclusive enough to be determined.
We believe that the defendant Zhou Haitao did not respect the national laws and robbed and killed people by violent means, which has violated the provisions of Item 5 of Article 263 of the Criminal Law of People's Republic of China (PRC) and is suspected of robbery and murder. In accordance with the provisions of Article 141 of the Criminal Procedure Law of People's Republic of China (PRC), our court has prosecuted this case, so please punish it according to law.
I am here to convey
Xx people's court
Minister of justice xx
Inspector xx
X year x month x day
Attachment: 1, ...
2、……
Will the Public Prosecution Section of the Municipal Procuratorate sue the case to the county court? Cases investigated by the Municipal Procuratorate must be transferred to the Intermediate People's Court.