Prosecution is the duty of the procuratorate, but they have passed the judicial examination like lawyers and have professional legal skills.
In our country, the people who appear in court for public prosecution in the procuratorate are all prosecutors, who represent the country to file criminal charges against the defendant. They are not lawyers, and lawyers cannot play the role of prosecutors.
Public prosecution refers to the litigation activities in which the people's procuratorate files a complaint with the people's court against the criminal suspect's criminal behavior and asks the people's court to determine the criminal facts and punish the criminal through trial. What needs to be emphasized here is the right of public prosecution.
In fact, the origin of the right of public prosecution is related to the realization of the checks and balances of state power in the process of cracking down on crimes, the establishment of a unified judicial benchmark for prosecuting crimes, the realization of the right of state punishment and the effective maintenance of the overall social order. It is an inevitable requirement and rational choice for human society to solve disputes from private relief to public relief. Public prosecution refers to the litigation activities in which the people's procuratorate believes that the facts of the crime have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, and a public prosecution should be brought to the people's court on behalf of the state, demanding criminal punishment for the defendant. Need to explain two points:
1. Prosecution is the exclusive power given to the people's procuratorate by the state. Only the people's procuratorate can prosecute crimes on behalf of the state, and no other organ, organization or individual has the right to exercise this power.
2. After the people's procuratorate makes a decision to initiate a public prosecution, the criminal suspect's litigation status changes to the criminal defendant.
legal ground
Article 169 of the Criminal Procedure Law of People's Republic of China (PRC), all cases requiring public prosecution shall be examined and decided by the people's procuratorate. Article 170 The People's Procuratorate shall, in accordance with the relevant provisions of this Law and the Supervision Law, examine the cases transferred for prosecution by the supervisory organs. If the people's procuratorate considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may make supplementary investigation on its own if necessary.
The people's procuratorate shall first detain the criminal suspect in the case that the supervisory organ has transferred for prosecution, and the lien measures shall be automatically lifted. The people's procuratorate shall, within ten days after detention, make a decision on whether to arrest, get a bail pending trial or monitor residence. Under special circumstances, the decision time can be extended by one to four days. The period when the people's procuratorate decides to take compulsory measures shall not be counted in the period of examination and prosecution.