1. The investigation power of ordinary criminal cases belongs to the public security organs, and the investigation power of duty crimes belongs to the anti-corruption and anti-dereliction departments of the procuratorate. If the public prosecution department believes that the facts of the case have not been ascertained, it shall generally return it to the supplementary investigation. When the case is transferred to the procuratorate for examination and prosecution, the lawyer may consult the case file;
2. The general criminal procedure is that after the public security organ files a case for investigation, it considers it necessary to investigate criminal responsibility. The public security organ transfers the case to the people's procuratorate, and the people's procuratorate examines whether it is necessary to bring a public prosecution to the people's court. According to the law, the people's procuratorate examines a case mainly to find out whether the facts and circumstances of the crime are clear and whether the evidence is really sufficient.
Legal basis: Article 177th of the Criminal Procedure Law of People's Republic of China (PRC).
If the criminal suspect has no criminal facts, or is under any of the circumstances specified in Article 16 of this Law, the people's procuratorate shall make a decision not to prosecute.
If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.