Subjectivity of law: Article 171 stipulates: "When examining a case, a people's procuratorate may return it to the public security organ for supplementary investigation, or it may conduct its own investigation. For the case of supplementary investigation, the supplementary investigation shall be completed within one 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. For the case of supplementary investigation, 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. " 1. There are two kinds of supplementary investigation. That is, if the public security organ terminates the investigation and the people's procuratorate needs supplementary investigation after examination, it may decide to return the case to the public security organ for supplementary investigation, or it may decide to conduct investigation on its own, and ask the public security organ for assistance when necessary. However, if the people's procuratorate needs to make supplementary investigation on a case that has been investigated by itself, it cannot be returned to the public security organ for supplementary investigation. 2. According to the provisions of Article 14 of the Criminal Procedure Law and Articles 268 and 269 of the the Supreme People's Procuratorate Rules, a case returned to the public security organ for supplementary investigation shall be completed within one month; The time limit for the people's procuratorate to examine and prosecute shall be recalculated from the date when the supplementary investigation of the case is completed and the case is transferred for prosecution. If the people's procuratorate decides to conduct its own investigation during the period of examination and prosecution, it shall complete the investigation within the period of examination and prosecution. 3. The number of supplementary investigations shall not exceed 2 times. This not only refers to the cases returned to the public security organs for supplementary investigation, but also includes the cases that the people's procuratorate decided to return to the investigation department for supplementary investigation. 4. After supplementary investigation, if the people's procuratorate still thinks that the evidence is insufficient and does not meet the conditions for prosecution, it shall make a decision not to prosecute. The purpose is to safeguard the legitimate rights and interests of criminal suspects, prevent cases from being dragged on for a long time and improve the efficiency of litigation. (Paragraph 4, Article 171 of the Criminal Procedure Law) The specific procedures and requirements for withdrawing an investigation are clearly stipulated by law. In judicial practice, it should be handled in strict accordance with the circumstances stipulated by law. Fraud cases generally need to be investigated by public security organs. If there are doubts about the criminal facts of some cases, the procuratorial organ may return them for supplementary investigation and handling.
Objectivity of law:
Procedural Provisions of Public Security Organs for Handling Criminal Cases
Article 178
After accepting a case, if the public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, it shall file a case with the approval of the person in charge of the public security organ at or above the county level;
if it is considered that there is no criminal fact, or the criminal fact is obviously minor and does not need to be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case will not be filed with the approval of the person in charge of the public security organ at or above the county level.
Procedures for Handling Criminal Cases by Public Security Organs
Article 178
After accepting a case, a public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level;
if it is considered that there is no criminal fact, or the criminal fact is obviously minor and does not need to be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case will not be filed with the approval of the person in charge of the public security organ at or above the county level.