2. the public security organ has not finished the investigation, that is to say, it cannot be handed over to the procuratorate without the conclusion of the investigation.
The law provides that:
Article 160 of the Criminal Procedure Law: When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear, the evidence is true and sufficient, write a prosecution opinion, and transfer it 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.