According to Article 163 of the Criminal Procedure Law, if it is found during the investigation that the criminal suspect should not be investigated for criminal responsibility, the case should be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
The provisions of this chapter shall apply to the investigation of cases directly accepted by people's procuratorates. If the cases directly accepted by the People's Procuratorate conform to the provisions of Articles 81 and 82, paragraphs 4 and 5 of this Law, and it is necessary to arrest or detain the criminal suspect, the People's Procuratorate shall make a decision and the public security organ shall implement it.
Extended data:
The relevant requirements of criminal proceedings stipulate that:
1. The people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month. For major and complicated cases, it can be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.
2. 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.
3. When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and record them. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume.
Haining people's procuratorate-criminal procedure law