(1) Procedures for the public security organ to apply to the People's Procuratorate for approval of arrest.
1. Basic program
(1) The public security organ requested approval of the arrest.
When a public security organ requests the arrest of a criminal suspect, it shall, with the approval of the person in charge of the public security organ at or above the county level, make a decision to approve the arrest and transfer it to the people's procuratorate at the same level for examination and approval together with the case file and evidence.
(2) Examination by the procuratorate
(a) after receiving the report materials of the public security organ's arrest, the procuratorial organ shall designate the case-handling personnel to be examined by the investigation and supervision department.
The people's procuratorate shall make a decision on whether to approve the arrest of a criminal suspect who has been approved by the public security organ; For those who are not detained, a decision on whether to approve the arrest shall be made within 05 days after receiving the application for approval of the arrest, and the major and complicated cases shall not exceed 20 days.
(3) the procuratorate decided
After examination, the procuratorial organs made the following decisions respectively: (1) To those who meet the conditions for arrest, they made a decision to approve the arrest, and sent it to the public security organ for execution together with the case file materials, and they could put forward opinions on collecting evidence and applying the law; For those who do not meet the conditions for arrest, make a decision not to approve the arrest, explain the reasons for not approving the arrest, and notify the public security organ at the same time if supplementary investigation is needed.
(4) After receiving the decision of the procuratorate, the public security organ shall handle it.
Decision to approve the arrest: The public security organ shall immediately execute the decision of the people's procuratorate to approve the arrest, and deliver the receipt of execution to the people's procuratorate that approved the arrest in time. If it fails to execute within the time limit, it shall also send an execution receipt to the people's procuratorate, and specify the reasons for not executing.
② Decision not to approve the arrest: If the people's procuratorate decides not to approve the arrest, the public security organ shall immediately release the criminal suspect in custody or change the compulsory measures after receiving the decision not to approve the arrest, and send the execution receipt to the people's procuratorate that made the decision not to approve the arrest within 3 days after receiving the decision.
(5) The public security organs' relief for the decision not to approve the arrest.
(1) When the public security organ thinks that the decision of the people's procuratorate not to approve the arrest is wrong, it may request reconsideration to the people's procuratorate at the same level within 5 days after receiving the decision of not approving the arrest, but the detained person must be released immediately. If you are dissatisfied with the opinions, you can submit a review to the people's procuratorate at the next higher level within 5 days after receiving the reconsideration decision of the people's procuratorate. After examination, the people's procuratorate at a higher level shall make a decision on whether to change it, and notify the people's procuratorate at a lower level and the public security organ to implement it. When necessary, the people's procuratorate at a higher level may also directly make a decision to approve the arrest, notify the people's procuratorate at a lower level and serve it on the public security organ for execution.
In addition, if the people's procuratorate finds a criminal suspect who should be arrested but the public security organ has not submitted a request for approval, it should suggest that the public security organ submit a request for approval. If the public security organ still fails to request approval for arrest or the reasons for not requesting approval for arrest cannot be established, the people's procuratorate may also directly make a decision on arrest and serve it on the public security organ for execution.
pay attention to
(1) If the public security organ thinks that the decision of the procuratorate not to approve the arrest is wrong, it may ask the procuratorate that made the decision not to approve the arrest for reconsideration, but it shall immediately release the criminal suspect in custody; If the opinion is not accepted, it can be submitted to the procuratorate at the next higher level for review.
(2) If the procuratorate examines the arrest case and finds that the public security organ should ask for arrest but fails to do so, it shall advise the public security organ to ask for arrest. If the public security organ still refuses to request arrest, the procuratorate may directly make an arrest decision and serve it on the public security organ for execution.
2. Examining the interrogation of criminal suspects in the process of arrest.
When examining and approving an arrest, a people's procuratorate shall interrogate a criminal suspect under any of the following circumstances:
(1) There is doubt about whether the conditions for arrest are met.
(2) The criminal suspect requests to make a statement to the procurator in person.
(3) There may be major illegal acts in the investigation activities.
(4) The case is serious and complicated.
(5) The suspect is a minor.
(6) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior.
If the detained criminal suspect is not questioned during the examination and arrest, the criminal suspect's opinion shall be served, filled in by the criminal suspect, and the examination shall be withdrawn in time with an attachment. If it is found through examination that the criminal suspect should be interrogated, it should be interrogated in time.
3. Listen to the lawyer when examining the arrest.
When examining and approving an arrest, the people's procuratorate may listen to the opinions of defense lawyers. If a defense lawyer asks for opinions, the case-handling personnel of the people's procuratorate shall listen to the opinions of the defense lawyer. If the criminal suspect or defendant is a minor, he shall listen to the opinions of the defense lawyer.
(2) If a defense lawyer puts forward a written opinion that does not constitute a crime, is not socially dangerous, is not suitable for detention, or is involved in the investigation of illegal activities and crimes, the case-handling personnel shall examine it, and explain the circumstances and reasons for adopting it in the examination and arrest opinion.
pay attention to
When the procuratorial organ examines the arrest, the defense lawyer requests to express his opinions, and when the criminal suspect or defendant is a minor, he shall listen to the opinions of the defense lawyer. (Listen to the situation of defense lawyers: review and arrest of juvenile crimes, review and prosecution stage, when the second trial is not in session)