Provisions on procedures for public security organs to apply to procuratorates for reconsideration and review

The Provisions on the Procedures for Public Security Organs to Handle Criminal Reconsideration and Review Cases was adopted at the executive meeting of the Minister of Public Security on September 4, 20 14, and was issued by People's Republic of China (PRC) DecreeNo. 133 on September 3, 20 14. The Ordinance consists of 5 chapters and 35 articles, including general provisions, application, acceptance and review, decisions and supplementary provisions, and will be implemented as of 20 14 1 1. Where the relevant provisions formulated by the Ministry of Public Security before the promulgation of these Provisions are inconsistent with these Provisions, these Provisions shall prevail.

Legal basis:

Provisions on the procedures for public security organs to handle criminal reconsideration and review cases

Article 6 In the process of handling criminal cases, the following persons concerned may apply for criminal reconsideration to the public security organ that made the decision according to law:

(1) If the party refuses to accept the decision to reject the application for withdrawal, the party concerned, his legal representative, agent ad litem and defense lawyer may raise it;

(2) If he refuses to accept the decision to confiscate the deposit, the person who has been released on bail pending trial or his legal representative may raise it;

(3) If the guarantor refuses to accept the penalty decision, he may propose it himself;

(four) the complainant refuses to accept the decision not to file a case, you can put forward;

(five) if the administrative organ that transferred the case refuses to accept the decision not to file a case, it may submit it to the administrative organ.

Article 7 If an applicant for criminal reconsideration refuses to accept the decisions made by the public security organ in Items 2 to 4 of Article 6 of these Provisions, he may file an application for criminal reconsideration with the public security organ at the next higher level.

Article 8 An application for criminal reconsideration or review shall be made within the time limit prescribed by the public security organ in handling criminal cases. If it cannot be put forward within the statutory time limit due to force majeure or other legitimate reasons, it shall submit the corresponding certification materials within five working days after the obstacle is eliminated. If it is approved by the criminal reconsideration or review institution, the delayed time shall not be counted in the statutory application period.

The "other legitimate reasons" mentioned in the preceding paragraph include:

(a) unable to apply for criminal reconsideration or review within the statutory application period due to serious illness;

(2) The legal representative of a person without capacity or with limited capacity cannot be determined within the statutory application period;

(three) the legal person or other organization is merged, divided or terminated, and it is impossible to determine the legal person or other organization that will inherit its rights within the statutory application period;

(four) other legitimate reasons identified by the criminal reconsideration and review institutions.

Article 9 An application for criminal reconsideration shall be made in writing. However, if the situation is urgent or it is not convenient for the applicant to submit a written application, he may submit an oral application.

To apply for criminal review, a written application shall be submitted.

Article 10 Whoever applies for criminal reconsideration or review in writing shall submit an application for criminal reconsideration or review to the criminal reconsideration or review institution, which shall contain the following contents:

(a) the name, gender, date of birth, work unit, domicile and contact information of the applicant and his agent; The name and address of the legal person or other organization, and the name, position, domicile and contact information of the legal representative or principal responsible person;

(2) The name of the public security organ that made the decision or reconsideration decision;

(3) Requests for criminal reconsideration and review;

(four) the facts and reasons for applying for criminal reconsideration and review;

(5) the date of applying for criminal reconsideration and review.

The application for criminal reconsideration shall be signed or fingerprinted by the applicant.