Article 1 The investigation and supervision department of Nenjiang County People's Procuratorate accepts cases in which the public security organs at the same level and the investigation department of our hospital apply for approval of arrest and decide to arrest criminal suspects.
Article 2 The clerk shall accept, sign for and register the Registration Form for Accepting Arrest Cases, and hand it over to the case-handling personnel designated by the section chief for handling. The case-handling personnel and the clerk handle the handover procedures. The case file materials include the following contents:
1, approving the arrest in triplicate;
2, filing procedures, compulsory measures, after arrest, after solving the case;
3. The identity and age of the suspect;
4. Interrogate the transcripts of criminal suspects, statements of victims and testimony of witnesses;
5, on-site inspection should be on-site investigation, inspection records, drawings, photos or related technical appraisal;
6, the victim's casualties should be living, corpse forensic appraisal conclusion, physical evidence photos.
7, has been searched should be accompanied by a search warrant and search record.
8. The seized material evidence and documentary evidence shall have a list of seized items or returned items;
9 other files that should be handed over. The undertaker shall put forward opinions on the review of arrest cases, mainly including the following five aspects:
I. Acceptance and review procedures
Indicate the date of accepting the case in turn, submit it to the organ or transfer department, submit or transfer the case number and cause of action, review the name of the arrest undertaker, and review the brief work flow of arrest.
Second, the basic situation of the criminal suspect
Indicate the criminal suspect's name (previous name, nickname, code name without name), gender, age (date of birth), nationality, native place, political outlook, education level, occupation or work unit, position (including NPC deputies or CPPCC members) and address.
My resume, family situation, whether I have been subjected to administrative or criminal punishment, whether I have a serious illness, whether I am pregnant, breastfeeding or taken compulsory measures.
If the criminal suspect is the person in charge and other persons directly responsible for the crime committed by the unit, the nature and domicile of the unit shall also be stated.
Third, the case, the case and the course of the case.
(a) the facts of the case identified by the investigation organ or the investigation department.
Briefly describe the facts of the case submitted by the public security organ for examination and approval or transferred by the investigation department for examination and arrest.
1. Upon examination, it is considered that the existing evidence is insufficient to prove the facts of the case identified by the public security organ or the investigation department, or that the existing evidence is insufficient to prove the facts identified by the public security organ or the investigation department, but there is evidence to prove other criminal facts, it shall indicate the facts identified after examination, and then make necessary extracts according to the permitted types of evidence, and analyze or explain them according to their probative force.
2. After examination, it is considered that the facts of the case identified by the public security organ or the investigation department are not committed by the criminal suspect, and it shall be stated that "after examination, there is no evidence to prove that the criminal suspect has committed the criminal act identified by the public security organ (or the investigation department), and then the necessary excerpts are made according to the types of evidence, and the analysis is made according to its probative force.
Fourth, the problems that need to be explained
(a) the instructions and opinions of the higher authorities or relevant leaders on the case;
(two) the relevant background that may affect the handling of the case;
(three) matters that need to be supervised or supervised by individual investigation activities and their handling opinions.
(4) Matters requiring supplementary investigation or continuing investigation;
(5) Whether it is necessary to arrest;
(six) other issues that need to be explained.
Verb (abbreviation for verb) handling opinions
Organizer's opinion: summarize the case in a high degree, and make clear the applicable legal basis, which is the reason for approving or deciding to arrest. Contractor's signature and year, month and day
Article 3 When examining a case, the undertaker shall first examine whether the criminal facts (which can be the facts of a single criminal act or the facts of any one of several criminal acts) are clear. The standard is: the time, place, course, main plot, means, consequence, motive and purpose of the crime must be clear. The second is to examine whether it is suspected of committing a crime, whether the nature and charges of the crime are correct, and whether it may have a clear relationship with the harmful results; The identity and date of birth of the suspect are clear; Whether the criminal suspect is mentally normal, etc. 3. Examine whether it is necessary to arrest. Put forward the reasons and basis for affirmation or negation through marking. Fourth, it is necessary to examine whether there is any omission of crimes or omission of suspects. Five, supervision of the public security organs or investigation departments of the investigation activities are legal.
Article 4 To undertake an arrest case, the "evidence proving the criminal facts" shall be examined and the method of "four comparisons" shall be adopted:
1. By comparing the facts of the case, every piece of evidence finally determined is an objective fact;
2. There is an objective connection between the finalized evidence and the facts of the case;
3. Compared with evidence, the contradiction between evidence and facts has been eliminated;
4. Compared with the evidence, the facts of the case have corresponding evidence to confirm and exclude other possibilities of the case.
Article 5 Before interrogating a criminal suspect, an outline for interrogating the criminal suspect shall be drawn up, which includes: the basic information of the criminal suspect; Review the facts of the crime; Verify whether the suspect confessed the facts of the crime; Whether there is contradiction between confession and evidence; Whether the age of responsibility is clear; Whether the motive and purpose of committing the crime are clear; Whether the confession of the criminal suspect is repeated many times; Whether there is a crime of omission; Whether the suspect suffers from serious diseases that affect his detention and breastfeeding.
Article 6 If there is evidence to prove that there are criminal facts, and the criminal suspect may be sentenced to fixed-term imprisonment or more, methods such as obtaining a guarantor pending trial and residential surveillance are not enough to prevent social danger, but if it is really necessary to arrest, there are different opinions on whether to approve or decide to arrest.
Article 7 In any of the following circumstances, a decision shall be made to approve or disapprove the arrest:
(a) does not meet the conditions of arrest stipulated in Article 60 of the Criminal Procedure Law and Article 8 of the handling procedure;
(2) Under any of the circumstances specified in Article 15 of the Criminal Procedure Law.
Article 8 When a people's procuratorate decides not to approve the arrest of a case with unclear facts and insufficient evidence, it shall submit a supplementary investigation outline for the case of not approving the arrest to the public security organ.
Article 9 A criminal suspect who approves or decides to arrest a deputy to the people's congress at the corresponding level shall report to the presidium or the Standing Committee of the people's congress at the corresponding level for permission. (In this case, it shall be handled in strict accordance with Article 93 of the Criminal Procedure Rules of the People's Procuratorate. )
Article 10 Cases of examination and arrest shall be handled by the investigation and supervision department, and no further investigation shall be conducted.
In the process of examination and approval of arrest, if it is considered that the evidence submitted for approval of arrest is in doubt, the relevant evidence may be rechecked and the criminal suspect or witness may be questioned. However, if the criminal suspect is not interrogated by compulsory measures, the opinions of the public security organ or the investigation department of our hospital shall be sought before interrogation.
Eleventh investigation and supervision departments to review the arrest case, there are different opinions, when the designated investigators to review. The case-handling personnel shall review the case file, make opinions on the examination and arrest, put forward opinions on approving or deciding whether to arrest, disapprove or not to arrest, and report them to the chief procurator for approval after being examined by the head of the department.
When investigating and supervising cases, the investigation and supervision departments cannot directly put forward opinions on taking measures such as obtaining a guarantor pending trial and monitoring residence.
Article 12 If the criminal suspect requested by the public security organ has been detained, the people's procuratorate shall make a decision on whether to approve the arrest within seven days after receiving the request for approval of the arrest; Those who are not detained shall make a decision on whether to approve the arrest within 15 days after receiving the application for approval of the arrest. Major and complicated cases shall not exceed 20 days.
Article 13 The public security organ shall immediately execute the decision to approve the arrest and deliver the receipt of execution to the people's procuratorate that made the approval decision in time; If it fails to execute within the time limit, it shall also serve a receipt to the people's procuratorate, stating the reasons for not executing. 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, and deliver the execution receipt to the people's procuratorate that made the decision within three days after receiving the decision.
Fourteenth in the examination of arrest cases, it is found that the criminal suspect should be arrested but the public security organ has not requested approval for arrest, and it shall inform the public security organ to request approval for arrest. If the reason why the public security organ does not approve the arrest cannot be established, the people's procuratorate may also directly make a decision on the arrest and serve it on the public security organ for execution.
Article 15 If the factors that have decided to approve the arrest are wrong, the people's procuratorate shall revoke the original decision to approve the arrest and serve it to the public security organ for execution. If it is found that the decision not to approve the arrest is indeed wrong, it shall be served on the public security organ for execution. If it is found that the criminal suspect who was released after the original decision to approve the arrest was revoked or the public security organ changed to a criminal suspect who was released on bail pending trial and under residential surveillance after the arrest, the people's procuratorate shall go through the arrest procedures again.
Article 16 The people's procuratorate shall separately approve the arrest case that is not approved by the public security organ for reconsideration, and send the case-handling personnel of the investigation and supervision office to discuss it, and make a decision on whether to change it within seven days after receiving the reconsideration request and the case file materials, and make a reconsideration decision to inform the public security organ for reconsideration.
If the original decision not to approve the arrest is changed after reconsideration, the people's procuratorate shall serve the decision of approving the arrest on the public security organ to execute the arrest, and indicate in the decision of approving the arrest that the original written opinion is invalid, so as to revoke the original decision.
Article 17 If the people's procuratorate decides not to approve the arrest and informs the public security organ to make a supplementary investigation, and the public security organ requests reconsideration after the supplementary investigation, the people's procuratorate shall advise the public security organ to reapply for approval of the arrest. If the public security organ insists on reconsideration, the people's procuratorate will not accept it.
Article 18 If the criminal suspect has been detained in a case transferred by the investigation department of our hospital for examination and arrest, the procurator-general or the procuratorial committee shall decide whether to arrest the criminal suspect within seven days after the investigation and supervision department receives the opinion of arresting the criminal suspect. If the criminal suspect is not detained, it shall be decided by the procurator-general or the procurator-general within 15 days after the investigation and supervision department receives the opinion of arresting the criminal suspect, and the major and complicated cases shall not exceed 20 days. (Other auditing methods and procedures are basically the same as those of the public security organs and are omitted. )
Article 19 If the investigation and training department of our hospital finds that the arrested criminal suspect should not be arrested or changed to other compulsory measures, it shall notify the investigation and supervision department.
Article 20 If the public prosecution department considers it necessary to arrest a criminal suspect after examination, it shall refer to the relevant provisions of the investigation department of the people's procuratorate on the arrest of a criminal suspect and transfer it to the investigation and supervision department for handling.
Article 21 Interrogation of a criminal suspect shall be as follows: a custody certificate must be issued; There must be more than two people for arraignment; During the arraignment, family members and non-case handlers shall not contact the criminal suspect.
Article 22 After the case is concluded, the undertaker shall submit a report to the Science and Technology Commission. The undertaker shall report in strict accordance with the six aspects in the Opinions on Examining Arrest Cases, and shall not arbitrarily choose the facts that are favorable or unfavorable to the criminal suspect and the relevant evidence.
Article 23 The clerk shall carefully record the proposals, including: time, place, name of the meeting, host, participants, undertaker and recorder. Criminal suspect, cause of action, identification or denial of criminal facts and evidence. The discussion opinions can include two contents: first, the opinions of the case handlers; The second is the opinion of the Scientific Committee. The handwriting is required to be neat and clear, without losing the original intention. Records should truthfully reflect the contents of the meeting, and everyone's views, reasons and conclusions should be truthfully recorded.
Article 24 Major, difficult and complicated cases shall be submitted to the procuratorial committee for discussion: 1. The Science and Technology Committee will discuss eight major cases with different opinions; 2. The Council will discuss complicated cases with different opinions. 3. The boundary between crime and non-crime is unclear, and the Council discusses cases that are not suspected of committing crimes; 4. There is no need to arrest, and no arrest should be approved by the procurator-general or the procuratorial Committee to discuss the decisive factors; 5, the public security organs put forward reconsideration cases; 6. Cases of hunting down and missing criminals; 7, procuratorial attacks, explained by the competent attorney general, submitted to the procuratorial committee for discussion.
Article 25 The following cases of examination and arrest shall be reported to the procuratorate at the next higher level for the record:
(1) Cases endangering national security and foreign-related cases that have been arrested;
(2) The procuratorial organ directly files a case for investigation.
After the completion of such cases, the case-handling personnel will make up the supplementary volumes and bind them into volumes, and submit them to the clerk, who will sort them out according to the submitted materials and report them to the people's procuratorate at the next higher level, and make a good registration.
Twenty-sixth public security organs or the investigation department of our hospital should take the initiative to inform the investigation and supervision departments to intervene or communicate in advance before requesting the arrest of major or difficult cases, and individual investigation and supervision departments should send people to participate after receiving the notice, so as to further guide and fix the evidence.
Article 27 Before accepting a criminal case, the investigation and supervision department of a people's procuratorate may put forward suggestions on continuing the investigation or improving the evidence by participating in the on-site inspection by the public security organ, discussing the case and interrogating the criminal suspect, so as to prepare for the examination and arrest.
Article 28 If the investigation and supervision department of the people's procuratorate finds that the investigation activities of the public security organ are illegal in the process of examining and approving the arrest, it shall issue a Notice of Correction of Illegal Activities to the public security organ to correct it, and the public security organ shall notify the investigation and supervision department of the people's procuratorate of the correction.
Article 29 When a procuratorial organ decides to approve an arrest case, the investigation and supervision department may, starting from the duty of investigation and supervision, put forward opinions on providing court evidence according to the specific requirements of court evidence, and put forward specific suggestions for the next investigation work of the public security organ or the investigation department of our hospital. Investigators should collect and fix evidence in accordance with the requirements of the Opinions on Providing Court Evidence.
Article 30 If the investigation and supervision department of the procuratorial organ fails to notify the execution of the decision to approve or disapprove the arrest on time, or fails to release the criminal suspect or change the compulsory measures within the time limit, the investigation and supervision department will issue a Notice of Correcting the Violation, and put forward specific suggestions for the next investigation work of the public security organ or the investigation department of our hospital. Investigators should collect and fix evidence in accordance with the requirements of the Opinions on Providing Court Evidence.
Article 31 If a public security organ changes the compulsory measures for the arrest of a criminal suspect, it shall immediately notify the people's procuratorate that originally approved the arrest in writing of the reasons for the change. If the supervisory department of the people's procuratorate does make mistakes in changing the compulsory arrest measures of the public security organs, and fails to correct them after putting forward procuratorial suggestions or corrective opinions, the people's procuratorate shall make a decision on arrest and notify the public security organs to implement it; If the decision is not implemented, it can be resolved by the procuratorial organ at a higher level in conjunction with the public security organ at the same level.
Article 32 After the case is completed, the clerk shall carefully fill in the Decision on Approval of Arrest or the Decision on Arrest, the Decision on disapproval of arrest or the Decision on disapproval of arrest, and make a copy of each criminal suspect who decides to arrest or not to arrest. The original shall be delivered together with the files transferred by the public security organ or the investigation department, and the receipt of service shall be retrieved, and the copy shall be loaded into the supplementary volume. Stubs of various decisions should be signed by the competent attorney general or the attorney general, or the decision and date of the procuratorial Committee. The ending includes: the year, month and day when the document was made, and the official seal of the procuratorate.
Article 33 After completing the case, the undertaker shall bind it into volumes in the order of supplementary volumes and submit it to the clerk for registration and unified management. The copy of the arrest shall be handed over to the public prosecution department in time; The supplementary volumes that have not been caught shall be kept in a unified way and filed at the end of the year after being inspected by the municipal hospital.
Thirty-fourth production of "case review", will be officially printed, unified number. All kinds of documents shall use the legal documents uniformly printed in the Supreme People's Procuratorate. The vice side uses paper uniformly printed by the procuratorate.