Article 89 of the Criminal Procedure Law If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the people's procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 90 If the public security organ thinks that the people's procuratorate's decision not to approve the arrest is wrong, it may request reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may be submitted to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review and 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.
Article 107 When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 167 All cases requiring public prosecution shall be examined and decided by the People's Procuratorate.
Article 178 When trying cases of first instance, the basic people's courts and the intermediate people's courts shall be composed of three judges or a collegiate bench composed of three judges and people's jurors. However, a case tried by a grass-roots people's court through summary procedure may be tried by a single judge.
When the Higher People's Court and the Supreme People's Court try cases of first instance, they shall be composed of three to seven judges or three to seven judges and people's jurors.