First, can ordinary criminal cases be recovered by the procuratorate?
Criminal cases can still be recovered by the procuratorate. The best time to intervene in criminal cases is the investigation stage, that is, the case is still under investigation by the public security organs, but it does not mean that there is no way out in other stages. In fact, criminal cases are useful before the court decides. The difficulty of knowledge will be different.
In the stage of examination and prosecution, you can apply for an opinion not to prosecute, which depends on whether the examination opinion of the procuratorate on the evidence submitted by the public security organ meets the proof standard of prosecution.
Second, how to "save" criminal cases when they arrive at the procuratorate?
When a criminal case arrives at the procuratorate, it is in the stage of examination and prosecution. The procuratorate will review the case materials submitted by the public security organs, and if it deems it necessary to prosecute, the procuratorate will sue the court. In the stage of examination and prosecution, the role that lawyers can play is also very great. The main functions of lawyers in the stage of criminal case review and prosecution are:
1. Meet with the criminal suspect and provide the above-mentioned assistance to the criminal suspect during the investigation stage, such as obtaining bail pending trial.
2. A lawyer can learn more about the relevant case from the examination organ of the procuratorate, including reading or copying the identification technical data and prosecution opinions involved;
3. Lawyers can put forward defense opinions to the procuratorial organs on the innocence of criminal suspects, light crimes, and this crime and that crime; If the procuratorial organ adopts the lawyer's opinion, it may lead to the case being returned for supplementary investigation or not being prosecuted. Failure to prosecute means that the suspect is acquitted in advance.
4. Even if the above objectives cannot be achieved, lawyers can exchange their views on the case with the prosecutor during the examination and prosecution stage, so as to understand the prosecutor's accusation thinking and make more adequate preparations for successful defense.
Three, the procuratorate must find out what the case.
When examining a case, the people's procuratorate must find out:
(a) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;
(two) whether there are any omission crimes and other persons who should be investigated for criminal responsibility;
(3) Whether criminal responsibility should be investigated;
(4) Whether there are incidental civil actions;
(5) Whether the investigation activity is legal.
The investigation of a case will be handled according to different stages. Generally, as long as there is no judgment, it will be preserved at any stage, but the premise is that legal evidence needs to be found. Law enforcement officers will release the parties only if they prove that they have not committed a crime. Therefore, the handling of the case has a legal basis, and any judgment made at the same time must be fair and just.