1. "Legal representatives, close relatives and defenders" of criminal suspects and defendants: you can apply at the case management window or appeal window of the corresponding people's procuratorate at the same level as the case-handling organ.
2. The criminal suspect and defendant "himself": you can apply to the procurator stationed.
(2) Materials to be submitted
(Note: Local requirements may vary. The following is for reference only. Please refer to the latest local requirements for details. )
1. Prepare relevant materials in advance.
(1) Application for examining the necessity of detention;
Need to explain the reasons why there is no need to continue detention.
(2) the applicant's identity document:
Copy of ID card, etc.
(3) proof of the relationship with the respondent
Close relatives: household registration book, proof of kinship, or marriage certificate.
Defender: letter from law firm, copy of lawyer's card, criminal power of attorney, etc.
(4) Other application documents:
Such as medical records, birth certificates, letters of understanding, compensation receipts, etc.
2. Register in the window or fill in relevant materials.
(1) List of materials submitted;
(two) fill in the application form for the necessity of detention;
(3) Fill in the assessment form of detention necessity.
Verb (abbreviation for verb) examines the necessity of detention
(a) review and processing department
Criminal execution procuratorial department of procuratorate
(2) Processing time
1. Initial review time:
After receiving the application materials handed over from the window, the criminal execution procuratorial department shall conduct a preliminary examination and put forward opinions on whether to file a case for examination within 3 working days. According to the provisions of Articles 17 and 18 of the Provisions of the People's Procuratorate on Handling Cases of Necessity of Detention Review (Trial), with the approval of the Procurator-General or Deputy Procurator-General, a case shall be filed. If there is no reason or the reason is obviously untenable, the public prosecutor shall decide not to file a case.
2. Review time
When handling a case for examining the necessity of detention, it shall decide whether to put forward a proposal to lift or change compulsory measures within 10 working days after filing the case. If the case is complicated or there are special circumstances, it may be extended for five working days with the approval of the chief procurator or the deputy chief procurator in charge. Among them, if the case-handling organ (department) changes in the process of handling the case, the time limit for handling the case shall be recalculated from the date of acceptance by the changed case-handling organ; Involving professional knowledge such as disease identification, the time limit for entrusting the procuratorial technical department to review technical evidence is not included in the time limit for handling cases.
3. Feedback time
The case-handling organ that is suggested to change compulsory measures or release shall reply the results to the people's procuratorate within 10 working days.
VI. Notification of results
After the case is concluded, the criminal execution procuratorial department will put forward suggestions and the handling situation of the case-handling organ, or inform the applicant in writing of the necessary examination opinions and the reasons for continuing detention.
7. Re-apply.
If there are new reasons and evidence, the relevant personnel can apply for the review of the necessity of detention again according to the above requirements.
Legal basis: Article 95 of the Criminal Procedure Law of People's Republic of China (PRC). After the criminal suspect and defendant are arrested, the people's procuratorate still has to examine the necessity of detention. If it is not necessary to continue detention, it shall be suggested to release or change compulsory measures. The relevant authorities shall notify the people's procuratorate of the handling within ten days.