(1) The scope and source of the case
The scope of directly accepting criminal cases by the People's Procuratorate shall be implemented in accordance with the provisions of the second paragraph of Article 13 of the Criminal Procedure Law and the division of labor between the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security.
1. If it is considered that there are criminal facts that need to be investigated for criminal responsibility after examination, it shall fill in the filing request and make a decision to file a case with the approval of the chief procurator or the decision of the procuratorial committee. In accordance with the provisions of the case management system, timely filing with the people's procuratorate at a higher level. If the people's procuratorate at a higher level thinks that the case should not be filed, it shall promptly notify the people's procuratorate at a lower level in writing to cancel it. When the people's procuratorate at a lower level has different opinions, it may submit them to the people's procuratorate at a higher level for reconsideration. The reconsideration result shall be notified to the people's procuratorate at a lower level in time for implementation.
2. Upon examination, if it is considered that there is no criminal fact or one of the circumstances stipulated in Article 11 of the Criminal Procedure Law, the case shall not be filed. After the approval of the department, director and procurator-general, a notice of not filing the case shall be made to inform the complainant, prosecutor, complainant and prosecutor of the reasons and reasons for not filing the case, and they may apply for reconsideration. The result of reconsideration shall be notified to the complainant, prosecutor or accuser.
3. Upon examination, if it is considered that the facts of the criminal complaint or accusation are unclear and supplementary materials are needed to determine whether or not to file a case, it may notify the complaint or accusation unit to supplement the materials, and the people's procuratorate may also send people to directly investigate or cooperate with relevant departments to jointly investigate. If it is believed that there are criminal facts and criminal responsibility needs to be investigated, it shall be placed on file for investigation; If it is considered that the circumstances of the crime are obviously minor and it is not necessary to pursue criminal responsibility, it shall be transferred to the relevant departments for handling. And notify the original complaint or report of the unit or individual.
(2) Investigation
Personnel engaged in investigation shall collect and obtain evidence from relevant units and personnel according to the documents of the people's procuratorate. Evidence that cannot be retrieved can be photographed and copied.
A defendant who does not need to be detained or arrested may be summoned to the people's procuratorate or a place designated by the people's procuratorate for interrogation, or to the defendant's unit or residence. The defendant in custody shall fill in the Letter of Guarantee, go to the detention center for interrogation, or hand it over to the people's procuratorate for interrogation. The people's procuratorate can use five kinds of compulsory measures in investigation, namely: summons, bail pending trial, residential surveillance, detention and arrest.
In the process of investigation, if it is really necessary for the people's procuratorate to detain the criminals who attempted to commit crimes, committed suicide, escaped, destroyed, forged evidence or colluded with each other after committing a crime, it shall fill out the Application for Detention Approval Form, fill out the Notice of Detainee after the decision of the procurator-general, and notify the public security organ to fill in and issue a detention certificate for execution. When necessary, the people's procuratorate may send personnel to assist. And shall be handled in accordance with the relevant provisions of the Criminal Procedure Law.
(3) The investigation has ended.
For a case that has been put on file for investigation, the undertaker shall write an investigation report and put forward opinions on prosecution, exemption from prosecution or withdrawal of the case. For the defendant who does not constitute a crime in the same criminal case, an opinion of non-prosecution shall be put forward. After examination and decision by the chief procurator or the procuratorial committee, the decision to prosecute, to exempt from prosecution, not to prosecute and to dismiss the case shall be made respectively, and shall be reported to the people's procuratorate at the next higher level for the record in accordance with regulations.
The case in which public prosecution is initiated shall be the one stipulated in Article 100 of the Criminal Procedure Law. The facts are clear and the evidence is true and sufficient, and criminal responsibility shall be investigated according to law.
A case exempted from prosecution should be a case that has constituted a crime and does not need to be sentenced to punishment or exempted from punishment according to the provisions of the Criminal Law. Forty-fourth decided to withdraw the case, it shall fill in the "decision" to withdraw the case, to the defendant's unit, and reported to the people's procuratorate at a higher level for the record. If it is necessary to inform the defendant, a copy can be submitted to the defendant. If the defendant is in custody, he shall immediately notify the public security organ to release him.
For cases that have been investigated and concluded, the time for preparing for prosecution shall not exceed one month; Major and complicated cases can be extended for half a month.
After the prosecution, the people's court shall conclude the case returned for supplementary investigation within one month.
For the accusation and accusation materials, after examination, it is considered that the defendant does not need criminal punishment or decides not to prosecute, dismiss the prosecution or not to prosecute, and needs to be transferred to the relevant authorities for handling; As well as investigating and handling cases, it is found that there are loopholes or problems in the work and management of the unit that issued the case, and it shall issue a "procuratorial proposal" to the relevant authorities, requiring them to inform the people's procuratorate of the results of the research and handling.
Public prosecution in deciding to prosecute a case, supporting public prosecution in court, trial supervision and matters of arrest, prosecution and exemption from prosecution not involved in this procedure shall be implemented with reference to the relevant provisions of the Criminal Procedure Trial Rules of our hospital.
The procedures for handling criminal cases directly accepted by military procuratorates and railway transport procuratorates may be formulated by themselves with reference to this procedure. And report to the Supreme People's Procuratorate for the record.