First, does the procuratorate need to ask for a retraction when examining and prosecuting?
The procuratorate does not need to ask for a confession when examining and prosecuting. The investigation power of ordinary criminal cases belongs to the public security organs, and the investigation power of duty crimes belongs to the anti-corruption and anti-dereliction departments of the procuratorate. If the public prosecution department believes that the facts of the case have not been ascertained, it shall generally return it to the supplementary investigation. Only when the case is handed over to the procuratorate for examination and prosecution can the lawyer consult the case file.
Second, how do people's procuratorates handle cases after examination and prosecution?
The general process of criminal proceedings is that if a case investigated by a public security organ deems it necessary to be investigated for criminal responsibility, the public security organ will transfer the case to the people's procuratorate, and the people's procuratorate will examine whether it is necessary to file a public prosecution with the people's court. According to the law, when examining a case, the people's procuratorate should mainly find out whether the facts and circumstances of the crime are clear, whether the evidence is really sufficient, whether the nature of the crime and the determination of the charges are correct, whether there are omissions in the crime, and whether there are circumstances in which criminal responsibility should not be investigated.
After the people's procuratorate examines the case, there may be two results. One is that the criminal facts of the criminal suspect have been ascertained, the evidence is true and sufficient, and the conditions for prosecution are met, and it is decided to bring a lawsuit to the people's court; Second, I think I don't have the conditions to sue and I can't bring a lawsuit to the people's court. Among many factors that do not have the conditions for prosecution, the people's procuratorate believes that the facts of the crime are unclear, the evidence is insufficient or important circumstances related to conviction and sentencing are omitted, and supplementary investigation is one of them. If supplementary investigation is needed, it may be returned to the public security organ for supplementary investigation, or it may be conducted by itself. According to the law, there is a time limit for supplementary investigation by public security organs, that is, after receiving the files returned by the people's procuratorate, the public security organs should complete the supplementary investigation within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
Three, in the stage of examination and prosecution, criminal suspects and victims can express their opinions to the people's procuratorate?
According to the provisions of the Criminal Procedure Law, when examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. In other words, in the stage of examination and prosecution, criminal suspects and victims can express their opinions to the people's procuratorate.
In criminal proceedings, the criminal suspect is the most important party, and the people's procuratorate will of course interrogate the criminal suspect when examining and prosecuting. Through interrogation, we can further find out the case and understand the investigation work, such as whether the investigators extort a confession from the suspect by torture and whether the confession is true. In order to deeply verify the evidence, identify the facts of the crime, and at the same time better protect the legitimate rights of criminal suspects. The victim is also the main party in criminal proceedings and the direct victim of criminal acts. How to handle the case is directly related to whether the interests of the victims can be guaranteed. Therefore, it is absolutely necessary for the people's procuratorate to listen to the opinions of the victims when examining and prosecuting cases. Therefore, the Criminal Procedure Law stipulates that the people's procuratorate should listen to the opinions of criminal suspects and victims when examining and prosecuting, in other words, they have the right to express their opinions to the procuratorate. Of course, those entrusted by them to participate in criminal proceedings according to law also have the right to express their opinions when the people's procuratorate examines and prosecutes.
The opinions expressed by criminal suspects mainly indicate whether they are guilty or innocent, whether the crime is serious or light, whether their legal litigation rights are protected according to law during the investigation, and their attitude towards their crimes. The opinions expressed by the victims mainly include two aspects: first, the opinions on how to deal with the case, such as the facts of the case, the situation of their own infringement, how to pursue criminal acts, and suggestions on incidental civil compensation; The second is to express opinions on whether the investigation activities are legal, such as whether the investigators' acts of favoritism and malpractice may affect the fair handling of the case, and whether the relevant personnel conduct the investigation in accordance with the procedures prescribed by law. Listening to the opinions of the people's procuratorate is conducive to verifying the evidence, correctly identifying the facts of the case, safeguarding the legitimate rights and interests of the parties and supervising the investigation activities according to law. On the one hand, it is necessary to perform the necessary procedures prescribed by law, listen carefully to the opinions of criminal suspects and victims, and review and prosecution should not only be a written review, but also go through the motions; On the other hand, we should strictly follow the legal procedures, and at the same time listen to and collect the opinions of both the suspect and the victim, and we should not be preconceived and listen to one side of the story.
Usually, the investigation power of criminal cases belongs to the procuratorate, but even after the investigation, the procuratorate may ask the witness to retract his confession again in order to verify the reliability of the evidence. Because confession is very important evidence, a civil subject will be punished if he is found to have provided false confession after prosecution.