1, accept the case
The scope of accepting criminal cases directly by the people's procuratorate shall be strictly in accordance with the provisions of the second paragraph of Article 18 of the Criminal Procedure Law of People's Republic of China (PRC) and the division of labor between the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security.
2. Filing a case for review
The people's procuratorate shall promptly review and deal with the illegal and criminal materials reported, accused, surrendered, transferred, assigned and discovered by itself.
Step 3 conduct an investigation
A case put on file for investigation shall be investigated by making an investigation plan, which shall be implemented after being approved by the competent department, the director or the procurator-general. The contents of the investigation plan include: the problems to be identified and the clues to be traced, the methods, steps, measures, time, matters needing attention, and the division of responsibilities of the participants in the investigation.
Extended data:
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. Used for illicit money, contraband, crime tools, etc. Exemption from prosecution;
Confiscate it after the approval of the procurator-general, and fill in the list of confiscated money and stolen goods and the confiscation decision in duplicate, one for the defendant and one for the file, and indicate it in the remarks column of the decision on exemption from prosecution. After deciding to exempt the defendant from prosecution, the decision on exemption from prosecution shall be served on the defendant and his unit.
If he is detained, he shall immediately notify the investigation organ to release him. In the incidental civil action of a case exempted from prosecution, the defendant may be admonished or ordered to make a statement of repentance, apologize and compensate for the losses. And supervise the parties to reach an agreement. Disputes arising from the implementation of the agreement may be tried by the people's court through private prosecution.
If a case is decided to be revoked, a "Decision on Revocation of a Case" shall be filled in, submitted 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 investigation 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.
Baidu encyclopedia-procuratorial organ