The facts of the crime have been ascertained. The criminals, the time and place of the crime, the motive, the purpose, the means and the consequences of the crime have all been ascertained, and no other criminals and criminal acts have been omitted.
The evidence in this case is true and sufficient. It means that the source of evidence in a case is reliable and can be verified correctly, the connection between evidence and the facts of the case, and all kinds of evidence in the case can confirm each other, which is enough to prove that the suspect has constituted a crime.
The legal procedures are complete. It means that all necessary legal procedures are complete. Such as arrest materials, interrogation transcripts and prosecution opinions.
Criminal procedure law
Article 160 When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, and write a prosecution opinion, which shall be transferred 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.
Extended data:
Conditions required for public security organs to transfer for examination and prosecution
According to the Criminal Procedure Law and relevant regulations, when making a decision to transfer a case that has been investigated to a people's procuratorate for review and prosecution, the investigation organ shall meet the following conditions:
(1) The facts of the crime are clear;
(2) The evidence is true and sufficient;
(3) Correctly identifying the nature and charges of a crime;
(4) Complete legal procedures;
(5) criminal responsibility shall be investigated according to law.
Review and prosecution refers to the litigation activities in which the people's procuratorate examines and verifies the criminal facts and evidence, the nature of the crime and the charges confirmed by the investigation organ, so as to determine whether the criminal case concluded by investigation should be prosecuted at the prosecution stage, and make a decision on handling it.
It is the basic preparation for realizing the public prosecution function of the people's procuratorate, and it is also an important means for the people's procuratorate to exercise legal supervision over investigation activities. Therefore, it is of great significance to ensure that people's procuratorates correctly prosecute, discover and correct illegal acts in investigation activities.
References:
Baidu encyclopedia-criminal procedure law