(1) check. In other words, the interrogation record is handed over to the interrogated person for reading, and the interrogated person verifies whether the questions and answers to him are objectively and accurately recorded.
(2) Supplement and amendment. If, after checking, the inquirer finds that there are omissions or errors in the records, the inquirer may request to supplement or correct them, and the inquirer shall supplement or correct them.
(3) Signature and seal. If the transcript is verified to be correct, or there are omissions or errors that have been supplemented and corrected, the person questioned shall sign the transcript. If the questioned person can't write, he can also stamp it.
I. Accepting cases
1. The scope of direct acceptance of criminal cases by the people's procuratorate shall be strictly in accordance with the provisions of the second paragraph of Article 18 of the Criminal Procedure Law of People's Republic of China (PRC) and the division of labor between the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security.
2, the people's Procuratorate accepted the case source:
Accusations and exposures of organs, organizations, enterprises and institutions;
(2) individual complaints and reports;
3. Assigned by the NPC Standing Committee and the People's Procuratorate at a higher level;
(4) Transferred by the relevant authorities;
(5) The criminal surrenders himself;
⑥ The people's procuratorate discovered it by itself.
3, organs, organizations, enterprises and institutions to the people's Procuratorate to accuse and report crimes, in written form. Individuals can accuse and report crimes to the people's procuratorate in written or oral form. When accepting an oral complaint or accusation, the procurator shall make a written record of the complaint or accusation, which shall be signed or sealed by the complainant and the prosecutor after being confirmed to be correct, and at the same time explain to the complainant and the prosecutor the legal responsibility that should be borne by the false accusation. If the accuser or prosecutor is unwilling to disclose his name, he shall keep it confidential during the investigation.
4. Criminals can confess and surrender in written or oral form. Those who voluntarily surrender orally shall make a written record to record the specific facts of the crime (including time, place, circumstances, means and consequences, etc.). ), and sign or seal after surrender verification. The recorder should also sign the record.
5. Accusations and exposures of individuals, voluntary surrender of criminals and cases transferred by other units shall be accepted. If it is not under the jurisdiction of the people's procuratorate, it shall be promptly transferred to the competent authority for handling, and the complaint reporting unit or complainant shall be notified. If emergency measures must be taken, they should be taken first and then transferred.
Second, review the case.
1. The people's procuratorate shall promptly review the illegal and criminal materials reported, accused, surrendered, transferred, handed over and found by itself, and deal with them separately according to the situation.
(a) after examination, that there are criminal facts, need to be investigated for criminal responsibility, that is, fill in the "Report on Filing for Instructions", with the approval of the attorney general or the decision of the procuratorial committee, make a decision to file a case. In accordance with the provisions of the case management system, timely filing with the people's procuratorate at a higher level. If the people's procuratorate at a higher level thinks that the case should not be filed, it shall promptly notify the people's procuratorate at a lower level in writing to cancel it. When the people's procuratorate at a lower level has different opinions, it may submit them to the people's procuratorate at a higher level for reconsideration. The reconsideration result shall be notified to the people's procuratorate at a lower level in time for implementation. The contents of the decision to file a case include: the defendant's name, gender, age, place of origin, education level, work unit, position, cause and source of the case, main criminal facts, basis for deciding to file a case, etc.
(2) If, after examination, it is considered that there is no criminal fact or one of the circumstances stipulated in Article 11 of the Criminal Procedure Law, the case shall not be filed, and after the approval of the department, director and procurator-general, a notice of not filing the case shall be issued, and the reasons and reasons for not filing the case shall be notified to the complaint or accusation unit or the complaint or prosecutor. If the unit or complainant refuses to accept the complaint, it may apply for reconsideration and notify the unit or complainant of the reconsideration result.
(three) after examination, it is considered that the facts of the crime accused or reported are unclear, and supplementary materials are needed to decide whether to file a case or not. You can notify the defendant or the reported unit to supplement the materials, and the people's procuratorate can also send people to directly investigate or cooperate with the relevant departments to jointly investigate. If it is believed that there are criminal facts and criminal responsibility needs to be investigated, it shall be placed on file for investigation; If it is considered that the circumstances of the crime are obviously minor and it is not necessary to pursue criminal responsibility, it shall be transferred to the relevant departments for handling. And notify the original complaint or report of the unit or individual.
2. The investigation materials handed over by the relevant departments with the case must be carefully examined and verified, and can only be used as evidence after being confirmed and signed by the prosecutors who undertake the case.
3, cadres at or above the county level, celebrities need to put on record for investigation, in accordance with the provisions of the cadre management authority, by the corresponding people's Procuratorate informed the relevant departments. Deputies to the National People's Congress or local people's congresses at or above the county level who commit crimes and need to file a case for investigation shall report to the NPC Standing Committee or the Standing Committee of the people's congress at the corresponding level.
4, after accepting the case, for the need to inspect the scene of the case, should quickly organize an inquest, in order to find and collect traces of crime and evidence.
Third, the implementation of the survey.
1. For a case put on file for investigation, an investigation plan shall be formulated and implemented after being approved by the competent department, director or procurator-general. The contents of the investigation plan include: problems to be identified and clues to be traced, investigation methods, steps, measures, time, matters needing attention, and division of responsibilities of investigators.
2, personnel engaged in investigation work, with the people's Procuratorate documents to the relevant units and personnel to collect and obtain evidence. Evidence that cannot be retrieved can be photographed and copied.
3. A defendant who does not need to be detained or arrested may be summoned to a people's procuratorate or a place designated by the people's procuratorate for interrogation, or to the defendant's unit or residence. The defendant in custody shall fill in the Letter of Guarantee, go to the detention center for interrogation, or hand it over to the people's procuratorate for interrogation. When interrogating the defendant, there shall be no fewer than two investigators.
4. When summoning the defendant, the summons notice should be used. If he fails to arrive without reason after being summoned, he may be summoned with the approval of the department and the director. Detention shall show the "detention certificate" of the people's procuratorate.
5. Be fully prepared before interrogating the defendant, be familiar with the case and applicable legal provisions, and make an interrogation plan. During interrogation, the defendant is not only allowed to state the guilty circumstances, but also allowed to plead not guilty, and necessary policy and legal education can be carried out in combination with the case.
6, interrogation of the defendant, to make a good interrogation record (audio and video). The interrogation record shall be checked by the defendant, and read to him if he has no reading ability. If there are errors or omissions in the transcript, the defendant shall be allowed to correct or supplement it. After verification, the defendant shall sign (seal) or fingerprint the record page by page. Interrogators and recorders also signed on the last page of the transcript. If the defendant refuses to sign (seal) or press the fingerprint, it shall be noted in the record that the defendant may write his own confession, and the prosecutor may also let the defendant write his own confession.
7. Questioning witnesses shall be conducted individually. Before the inquiry, the witness shall be informed of the legal liability for truthfully providing evidence and testimony, intentionally perjury or concealing criminal evidence. At the time of investigation, there shall be no less than two investigators. Witnesses and victims shall make interrogation records, which shall be checked by the interrogated person. If the interrogated person can't read, they may read them aloud. If there are errors or omissions in the transcript, the person questioned shall be allowed to correct or supplement it, and after verification, it shall be signed or sealed by the person questioned. The inquirer and the recorder should also sign on the last page of the transcript.
8. If the victim suffers material losses due to the defendant's criminal behavior, he shall be informed of his right to file an incidental civil action.
9. In order to find and search evidence of a crime, the places, articles, persons and corpses related to the crime shall be inspected and tested under the auspices of prosecutors. The people's procuratorate may appoint or hire personnel with specialized knowledge to carry out the inspection, or ask the public security organ for assistance, which shall be carried out together. When conducting or participating in the inspection, prosecutors must hold the certification documents of the people's procuratorate. If the defendant refuses the inspection, the procurator may force the inspection when he thinks it necessary.
On-site investigation must invite two impartial citizens who have nothing to do with the case as witnesses. Public security and judicial personnel cannot serve as witnesses.
10. In the investigation, if it is necessary for the victim, defendant or witness to identify certain articles, documents, corpses or people involved in crimes, they can be identified with the approval of the chamber, director or procurator-general. When organizing the identification of people, the object to be identified should be mixed with three or more people with similar characteristics such as age, clothing and physical appearance for identification. Identification should be carried out separately. Before the appraisal, the appraiser shall be required to state in detail the outstanding characteristics of the appraised person or thing. You can't let the appraiser see the object you want to identify before, and the prosecutor can't give any hints to the appraiser during the appraisal process.
1 1. The inquest, inspection and appraisal shall be written in a written record, which shall be signed or sealed by the personnel, witnesses and procurators who participated in the inquest, inspection and appraisal.
12. If it is necessary to solve some special problems in the case in order to find out the case, a person with specialized knowledge and no interest in the case shall be appointed or hired for appraisal.
13. To hire an appraiser, the people's procuratorate should first write an invitation letter, and then hire it through the organ or organization to which the appraiser belongs. Before the appraisal, the documents, articles, traces, account books, vouchers and relevant materials to be appraised shall be delivered to the appraiser, and the problems to be appraised and solved shall be put forward. After the appraisal, the appraisal conclusion shall be written and signed or sealed by the appraiser. The expert conclusion used as evidence may be supplemented or re-evaluated if the defendant applies.
14. In order to determine the existence or non-existence of certain facts in the case, when necessary, with the approval of the procurator-general, investigation experiments can be conducted. However, it is necessary to prohibit all dangerous, insulting or indecent behaviors. The process and results of investigation and experiment should be recorded comprehensively, in detail and accurately. Participants in the experiment should sign or seal the record.
15. In order to collect criminal evidence, prosecutors can search the body, belongings, residence and other relevant places of the defendant and the person who may hide criminal evidence. When searching, a search warrant shall be produced and witnesses shall be present. The search warrant shall be issued by the Attorney General. When carrying out detention or arrest, in an emergency, you can search without a search warrant.
16. The examination and search of female corpses shall be carried out by female staff, and the examination of corpses may also be carried out by doctors if necessary.
17. The search shall be written in a record, which shall be signed or sealed by the procurator, the searched person or his family members and witnesses. If the searched person is at large or his family refuses to sign or seal, it shall be noted in the record.
18. The seized articles and documents shall be checked with the witnesses present and the holders of the seized articles, and a list shall be made in duplicate on the spot, which shall be signed or sealed by the procurator, the witness, the searched person or his family, one for the searched person or his family and one for future reference.
19. When it is necessary to seize the defendant's mail, telegram or freeze the defendant's bank deposits, it shall be approved by the procurator-general, fill in the notice of deciding to seize the mail, telegram and notice of stopping payment of savings deposits, and notify the bank to implement it.
20. If it is not necessary to continue to "detain" or "freeze" the mails, telegrams and frozen deposits that have been decided to be detained, the Notice of Stop Seizing Mail and Telegraph or Notice of Stop Paying Savings Deposits shall be filled out according to the original examination and approval procedures, and the relevant departments shall be notified to stop seizing or unfreezing respectively.
2 1. The seized articles, documents, mails and telegrams shall be properly kept and shall not be used, exchanged or damaged. If it is found that it has nothing to do with the case, it shall be returned to the original owner in time.
22, prosecutors in case of one of the circumstances stipulated in Article 23 of the Criminal Procedure Law of People's Republic of China (PRC), should voluntarily withdraw. The parties and their legal representatives also have the right to ask the prosecutors to withdraw. A party may apply for reconsideration of the decision to reject the application for withdrawal. The withdrawal of the prosecutor is decided by the procurator-general; The withdrawal of the procurator-general shall be decided by the procuratorial committee of the people's procuratorate at the same level. Investigators can't stop investigating the case before making a decision to withdraw the case.
Four. enforcement measures
1. The people's procuratorate can use five compulsory measures in investigation, namely: summons, bail pending trial, residential surveillance, detention and arrest.
2. In the process of investigation, if the people's procuratorate finds that the criminal has attempted murder, committed suicide, escaped, destroyed, forged evidence or colluded with others after committing the crime, it is really necessary to detain him. The Approval Form for Requesting Detention shall be filled in, and after the decision of the chief procurator, the public security organ shall be notified to fill in and issue a detention certificate. When necessary, the people's procuratorate may send personnel to assist. And shall be handled in accordance with the relevant provisions of the Criminal Procedure Law.
3, the arrest of criminals, should be strictly in accordance with the provisions of article fortieth of the criminal procedure law. The arrested person shall fill in the arrest approval form, which shall be decided by the chief procurator or the procuratorial committee, and issue a notice of the arrest decision, informing the public security organ to fill in and execute the arrest warrant. When necessary, the people's procuratorate may send personnel to assist. At the same time, report to the people's procuratorate at the next higher level for the record. The people's procuratorate at a higher level shall notify the people's procuratorate at a lower level to correct the wrongful arrest. If the defendant who should be arrested is at large, he may request the public security organ to issue a wanted order and take effective measures to pursue and bring him to justice.
4, cadres at or above the county level, celebrities need to be arrested for crimes, by the people's Procuratorate at the same level according to the provisions of the cadre management authority to solicit the opinions of the relevant departments, and then review the decision. If there is any objection to the opinions of the relevant departments, it shall be reported to the people's procuratorate at a higher level for decision. If deputies to the National People's Congress and local people's congresses at or above the county level commit crimes and need to be arrested, they must obtain permission from the NPC Standing Committee or the Standing Committee of the local people's congresses at the corresponding levels. When the people's procuratorate considers that the Standing Committee of the people's congress at the same level is wrong in not agreeing to arrest, it may request reconsideration. If a criminal in flagrante delicto is detained, the organ that decides to detain him must immediately report to the Standing Committee of the people's congress at the corresponding level for approval.
The people's procuratorate shall interrogate the defendant who is detained or arrested within 24 hours. In addition to obstructing the investigation or failing to notify, the family members of the detained or arrested person or their units shall be informed of the reasons and places of detention within 24 hours.
6. If the defendant needs to be released on bail pending trial or under residential surveillance, it shall be approved by the attorney general. To obtain a guarantor pending trial, a "Decision" shall be filled in, and a "Letter of Guarantee" shall be issued by the guarantor. Residential surveillance, should make a "residential surveillance decision", and fill in the "residential surveillance power of attorney", executed by the local police station, or commissioned by the local government departments, the defendant's unit. For people who live under surveillance, areas where they are not allowed to leave should be delineated according to the specific circumstances of the case and the defendant. The above two decisions shall be read to the defendant and signed or sealed by the defendant.
7. If it is necessary to release the guarantor pending trial or residential surveillance, the guarantor, the local police station, the entrusted unit and the defendant shall be notified with the approval of the procurator-general. If it is necessary to arrest, it shall go through the arrest formalities in time and make an arrest.
8. If the defendant in custody under investigation cannot be settled within the time limit stipulated in the Criminal Procedure Law, and there is no social danger in taking measures of obtaining a guarantor pending trial or residential surveillance, the compulsory measures may be changed to obtaining a guarantor pending trial or residential surveillance with the approval of the procurator-general. The time limit for obtaining bail pending trial or residential surveillance is not included in the time limit for handling cases stipulated in the Criminal Procedure Law, but the investigation of the case cannot be interrupted. When releasing a detention, a notice of release decision shall be made and notified to the public security organ for execution. If a criminal arrested by a people's procuratorate at a higher level needs to change or lift compulsory measures, it shall consult the people's procuratorate at a higher level that originally decided to arrest him.
9. The arrested defendant shall not be detained for more than two months during the investigation. If the case is complicated and cannot be terminated at the expiration of the time limit, it shall be submitted to the people's procuratorate at the next higher level for approval to extend it for one month seven days before the expiration of the detention period. If a major underworld organization case or a major and complicated case in a remote area with very inconvenient transportation cannot be settled within the period of investigation and detention stipulated in the first paragraph of Article 92 of the Criminal Procedure Law, an application report shall be submitted fifteen days before the expiration of the detention period, which may be extended for two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government; In the process of investigation, it is found that the defendant has committed other crimes different from the original case, and the detention period can be recalculated with the approval of the procurator-general. For the investigation and prosecution of a case with a changed jurisdiction, the time limit for handling the case shall be counted from the date when the changed case-handling organ receives the case. The time limit for psychiatric appraisal of the defendant is not included in the time limit for handling cases. The extension of detention period must be handled in accordance with the regulations.
V. End of investigation
65438+ After examination and decision by the Procurator-General or the Procuratorial Committee, the decision on prosecution, exemption from prosecution, non-prosecution and dismissal of the case were made respectively, and they were reported to the people's procuratorate at the next higher level for the record in accordance with regulations.
2. A case of public prosecution shall be a case stipulated in Article 100 of the Criminal Procedure Law, with clear facts and reliable and sufficient evidence, and criminal responsibility shall be investigated according to law.
3. A case exempted from prosecution shall be a case that has constituted a crime and does not need to be sentenced or exempted from punishment according to the provisions of the Criminal Law. For cases exempted from prosecution, stolen money, stolen goods, tools for committing crimes, etc. Confiscate it with the approval of the attorney general, and fill in the list of confiscated money and stolen goods and the confiscation decision in duplicate, one for the defendant and one for the file, and indicate it in the remarks column of the exemption decision. After deciding to exempt the defendant from prosecution, the decision on exemption from prosecution shall be served on the defendant and his unit. If he is detained, he shall immediately notify the public security organ to release him. In the incidental civil action of a case exempted from prosecution, the defendant may be admonished or ordered to make a statement of repentance, apologize and compensate for the losses. And supervise the parties to reach an agreement. Disputes arising from the implementation of the agreement may be tried by the people's court through private prosecution.
4. For the case decided to be revoked, the "Decision on Revocation of the Case" shall be filled out, sent to the defendant's unit respectively, and reported to the people's procuratorate at the next higher level for the record. If it is necessary to inform the defendant, a copy can be submitted to the defendant. If the defendant is in custody, he shall immediately notify the public security organ to release him.
5. For cases that have been investigated and concluded, the time for preparing for prosecution shall not exceed one month; Major and complicated cases can be extended for half a month.
6. After the prosecution, the people's court shall return the case to the supplementary investigation, which shall be completed within one month.
7, for the complaint and accusation materials, after examination, it is considered that there is no need to impose criminal punishment on the defendant or decide to abandon the lawsuit, dismiss the lawsuit or not to prosecute, and need to be transferred to the relevant authorities for handling; As well as investigating and handling cases, it is found that there are loopholes or problems in the work and management of the unit that issued the case, and it shall issue a "procuratorial proposal" to the relevant authorities, requiring them to inform the people's procuratorate of the results of the research and handling.
Six, other provisions
1. Public prosecution, supporting public prosecution in court, trial supervision, arrest, prosecution and exemption from prosecution that are not involved in this procedure shall be implemented with reference to the relevant provisions of the Criminal Procedure Trial Rules of our hospital.
2. The procedures for handling criminal cases directly accepted by the railway transport procuratorate may be formulated by reference to this procedure. And report to the Supreme People's Procuratorate for the record.
3. The filing system of case materials shall be stipulated separately.
Legal basis:
Article 359 of the Criminal Procedure Law of the People's Procuratorate
When a people's procuratorate initiates a public prosecution, it shall obtain from the people's court a copy of the indictment or photos, a list of evidence, a list of witnesses and all the main evidence of criminal facts.
For some specific problems in material handover, the following measures should be taken:
(1) The list of witnesses obtained by the people's procuratorate shall include the list of witnesses who have testified before prosecution, and the list of witnesses shall include the name, age, sex, occupation, address and address of the witness. If the witness intentionally fails to appear in court, the people's procuratorate may not give reasons.
(2) The catalogue of evidence obtained by the people's procuratorate is the catalogue of evidence materials collected before prosecution.
(3) With regard to the victim's name, address and correspondence address, whether the defendant's property has been sealed up or frozen, the types of compulsory measures taken against the defendant, whether the defendant has filed a case and the place of detention, the people's procuratorate shall specify in the indictment that materials will not be transferred separately, and if it involves the privacy of the victim or protects the personal safety of the victim, it shall be transferred to the people's court separately.
(4) If the appraisal conclusion and the record of the inspection have been obtained as the main evidence, the names of the appraiser and the producer of the record of the inspection have been specified and will not be obtained separately.