Is the procuratorate powerful?

Legal analysis: the actual power of the procuratorate;

First, the right to investigate.

The Organic Law of People's Procuratorates stipulates that people's procuratorates at all levels "investigate criminal cases directly accepted". The criminal cases directly accepted by procuratorial organs are mainly crimes committed by state personnel. The anti-corruption and bribery bureau, the anti-dereliction and infringement bureau and other functional departments are mainly engaged in such investigations. The power of investigation has a distinct color of administrative law enforcement.

2. The right to approve or decide on arrest.

According to the law, a public security organ's request for the arrest of a criminal suspect shall be examined and approved by the people's procuratorate at the same level and executed by the public security organ; If it is necessary to arrest a criminal suspect in a case directly accepted by the people's procuratorate, it shall be decided by the people's procuratorate and executed by the public security organ.

Third, the right of public prosecution.

According to the law, the right of public prosecution is exercised by the people's procuratorate on behalf of the state. Every procuratorial organ has a strong public prosecution department. In Shanghai, the public prosecution agency is the largest. The public prosecutor in the court, whose counterpart is the "defender" of the criminal suspect, is generally a criminal defense lawyer. Public prosecutors, defenders and judges have different specific responsibilities, but their efforts are all aimed at maintaining fair justice and are the same legal professional subject.

Fourth, the right of legal supervision.

This power is implemented in a wide range. For example, supervise the investigation activities of public security organs; To supervise the criminal, civil and administrative trial activities of the people's courts; Supervise whether prisons, detention centers and other prisons perform their duties according to law.

Legal basis: Article 397 of the Criminal Law of People's Republic of China (PRC). State functionaries who abuse their powers or neglect their duties, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail. Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where there are other provisions in this Law, such provisions shall prevail.