Section 1 General Provisions
Article 303 The people's procuratorate's examination, approval or decision to arrest a criminal suspect shall be handled by the investigation and supervision department.
Article 304
The investigation and supervision department shall designate case-handling personnel to examine the arrest case. The case-handling personnel shall review the case file materials and evidence, interrogate the criminal suspects according to law, ask witnesses and other participants in the proceedings, listen to the opinions of defense lawyers, put forward opinions on examining the arrest, put forward opinions on approving or deciding whether to arrest, disapprove or not, and report them to the chief procurator for approval or decision after being examined by the department head; Major cases shall be discussed and decided by the procuratorial committee.
Without further investigation, the investigation and supervision department shall not directly put forward the opinion of bail pending trial.
Article 305 When examining a case of arrest, the investigation and supervision department may interrogate the criminal suspect. In any of the following circumstances, the criminal suspect shall be interrogated:
(1) Having doubts about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(three) there may be major violations in the investigation activities;
(4) The case is serious, difficult and complicated;
(5) The criminal suspect is a minor;
(6) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior.
Before interrogating a criminal suspect who is not in custody, the opinions of the investigation organ should be sought, and the safety risk assessment and early warning of handling cases should be done well.
Doubts about whether the conditions for arrest are met mainly include the unclear boundary between crime and non-crime, the contradiction between the evidences on which the conviction is based, the inconsistency or irrationality of the confession of the criminal suspect, the difficulty in grasping whether there is social danger, and the need to confirm whether the criminal suspect has reached the age of criminal responsibility.
Major illegal acts refer to acts of extorting confessions by torture that seriously violate the procedures for handling cases prescribed by law, or seriously violate the personal rights and other litigation rights of criminal suspects.
Article 306
If the detained criminal suspect is not questioned during the examination and arrest, the criminal suspect's opinion shall be served, which shall be filled out by the criminal suspect and the attached examination volume shall be withdrawn in time. If it is found through examination that the criminal suspect should be interrogated, it should be interrogated in time.
Article 307 When interrogating a criminal suspect, there shall be no fewer than two prosecutors.
After the criminal suspect is sent to the detention center for custody, the interrogation shall be conducted in the detention center.
During interrogation, we should first find out the basic situation of the criminal suspect, inform the criminal suspect of his litigation rights and obligations according to law, listen to his confessions and excuses, record any clues that expose others' crimes, and transfer them to the relevant departments for handling in accordance with relevant regulations.
Interrogating a criminal suspect shall make an interrogation record, hand it over to the criminal suspect for verification or read it out to him. After verification, it shall be signed, sealed or fingerprinted page by page, and attached. If a criminal suspect asks him to write a confession, he shall allow it, but the written confession shall not replace the interrogation record.
Article 308 When examining an arrest case, the investigation and supervision department may, when necessary, question witnesses, victims, expert witnesses and other participants in the proceedings, and make a written record attached.
Article 309
In the process of examination and arrest, if the criminal suspect entrusts a defense lawyer, the investigation and supervision department may listen to the opinions of the defense lawyer. If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer. The opinions of the defense lawyers shall be recorded and attached.
If a defense lawyer puts forward written opinions that do not constitute a crime, are not socially dangerous, are not suitable for detention, and commit illegal and criminal acts during the investigation, the case-handling personnel shall conduct a review, and explain whether or not to adopt and the reasons when reviewing the arrest opinions.
Article 3 10
For a case put on file for investigation by the public security organ, if the investigation and supervision department finds that there are circumstances stipulated in the first paragraph of Article 73 of these Detailed Rules in the process of examination and arrest, it may retrieve the audio and video materials of the public security organ interrogating the criminal suspect, and review the relevant audio and video materials. For major, difficult and complicated cases, all audio and video recordings can be accessed when necessary.
The people's procuratorate directly accepts the case filed for investigation, and the investigation department shall transfer all the audio and video materials of interrogating the criminal suspect to the investigation and supervision department when transferring or submitting it for examination and arrest. If it has not been transferred or the transfer is incomplete, the investigation and supervision department shall request the investigation department to supplement the transfer. If it is not transferred or not completely transferred according to the request, the case shall be returned to the investigation department. When examining the arrest, the investigation and supervision department has doubts about the legality of obtaining evidence or the authenticity of interrogation transcripts, and may access relevant audio and video recordings; For major, difficult and complicated cases, all audio and video recordings can be consulted when necessary.
Article 3 1 1
After reviewing the audio and video recordings of interrogating criminal suspects, it is found that the interrogation by the investigation organ is not standardized, there are illegal acts in the interrogation process, and the audio and video recordings are inconsistent with the interrogation transcripts. , and should be itemized, submitted to the investigation organ in writing, requiring the investigation organ to correct, correct or make a reasonable explanation in writing. If it is found that there is a substantial difference between the interrogation record and the audio and video recording of the interrogation of the criminal suspect, or the investigation organ cannot make corrections or make reasonable explanations, the interrogation record cannot be used as the basis for approving or deciding to arrest.
Article 3 12
In cases where foreigners and stateless persons are suspected of crimes endangering national security, or cases involving political and diplomatic relations between countries, as well as cases where it is indeed difficult to apply the law, if it is considered necessary to arrest the criminal suspect, in accordance with the provisions of Articles 19 and 20 of the Criminal Procedure Law, the grass-roots people's procuratorate or the people's procuratorate at the state or city level shall examine and put forward opinions and report them to the Supreme People's Procuratorate for review. If the Supreme People's Procuratorate believes that it is necessary to arrest after examination, it shall consult the Ministry of Foreign Affairs and give a reply to approve the arrest; If it is considered unnecessary to arrest after examination, it shall reply not to approve the arrest. The basic people's procuratorate or the branch, state and municipal people's procuratorate shall, according to the reply of the Supreme People's Procuratorate, make a decision to approve or disapprove the arrest according to law. In the process of reporting, if the people's procuratorate at a higher level considers it unnecessary to arrest after examination, it shall give a reply of disapproval of the arrest, and the people's procuratorate reporting shall make a decision of disapproval of the arrest according to the reply.
If the grass-roots people's procuratorate or the people's procuratorate of a county, prefecture or city deems it unnecessary to arrest after examination, it may directly make a decision not to approve the arrest according to law.
If a foreigner or stateless person is suspected of other criminal cases other than those specified in the first paragraph of this article, the people's procuratorate that decides to approve the arrest shall report it to the people's procuratorate at the next higher level for the record within 48 hours after making the decision to approve the arrest, and notify the foreign affairs department of the people's government at the same level. If the people's procuratorate at a higher level finds errors in the filing materials after examination, it shall promptly correct them according to law.
Article 313 When a people's procuratorate handles a case endangering national security, it shall report it to the people's procuratorate at the next higher level for the record.
If the people's procuratorate at a higher level finds errors in the filing materials submitted after examination, it shall promptly correct them according to law.
Article 3 14
If the arrested criminal suspect and his legal representative, close relatives or defenders think that the detention period has expired and ask the people's procuratorate to release the criminal suspect or change the arrest measures, the people's procuratorate shall examine and decide within three days. After examination, if it is considered that the statutory time limit has expired, it shall decide to lift or change the arrest measures according to law, and notify the public security organ to implement it; If it is considered that the statutory time limit has not expired, it shall give a written reply to the applicant.
Article 3 15
If the victim refuses to accept the decision made by the people's procuratorate not to approve the arrest on the grounds that there is no criminal fact, it shall be examined and handled by the criminal appeal and procuratorial department of the people's procuratorate that made the decision not to approve the arrest. Those who refuse to approve the arrest for other reasons shall be handled by the investigation and supervision department.
Section 2 Examination and approval of arrest
Article 3 16
The people's procuratorate shall make a decision on whether to approve the arrest within seven days after receiving the application for approval of the arrest of the criminal suspect in the custody of the public security organ; Those who are not detained shall make a decision on whether to approve the arrest within 15 days after receiving the application for approval of the arrest. Major and complicated cases shall not exceed 20 days.
Article 3 17
If it is necessary to arrest a criminal suspect in a case designated by a public security organ at a higher level or a public security organ at a lower level outside his place of residence, the public security organ investigating the case shall submit it to the people's procuratorate at the same level for examination and approval, and the people's procuratorate shall make a decision on whether to approve or disapprove the arrest according to law.
Article 3 18
If the people's procuratorate considers that the criminal suspect arrested by the public security organ conforms to the provisions of Articles 139, 140 and 142 of these Detailed Rules after examination, it shall make a decision to approve the arrest, and serve it to the public security organ for execution together with the case file materials, and may put forward opinions on evidence collection and application of the law.
Article 3 19
If the people's procuratorate decides not to approve the arrest of a criminal suspect submitted for approval by the public security organ under the circumstances stipulated in Articles 143 and 144 of these Rules, it shall explain the reasons and serve them to the public security organ for execution with the case file. If supplementary investigation is needed, the public security organ shall be notified at the same time.
Article 320
For the decision of the people's procuratorate to approve the arrest, the public security organ shall immediately execute it and deliver the receipt of execution to the people's procuratorate that made the approval decision in time; If it cannot be executed, the receipt shall also be served on the people's procuratorate, and the reasons for the impossibility shall be stated. If the people's procuratorate decides not to approve the arrest, the public security organ shall immediately release the criminal suspect in custody or change the compulsory measures after receiving the decision, and deliver the execution receipt to the people's procuratorate that made the decision within three days after receiving the decision.
Article 32 1
When a people's procuratorate examines a case of arrest and finds a criminal suspect who should be arrested but the public security organ has not submitted a request for approval of arrest, it shall advise the public security organ to submit a request for approval of arrest. If the public security organ still fails to request approval for arrest or the reasons for not requesting approval for arrest cannot be established, the people's procuratorate may also directly make a decision on arrest and serve it on the public security organ for execution.
Article 322 If the people's procuratorate finds that there is an error in the decision to approve the arrest, it shall revoke the original decision to approve the arrest and serve it to the public security organ for execution.
If it is found that the decision not to approve the arrest is indeed wrong, the people's procuratorate shall revoke the original decision not to approve the arrest, make a new decision to approve the arrest, and serve it on the public security organ for execution.
If it is found necessary to arrest a criminal suspect who has been released because of the revocation of the original decision to approve the arrest, or who has been changed by the public security organ into a criminal suspect who has been released on bail pending trial and is under residential surveillance, the people's procuratorate shall make a new arrest decision.
Article 323
The investigation and supervision department of the people's procuratorate shall separately assign case-handling personnel to reconsider the case requested by the public security organ, make a decision on whether to change it within seven days after receiving the request for reconsideration and the case file materials, and notify the public security organ.
Article 324
The investigation and supervision department of the people's procuratorate at a higher level shall, within 15 days after receiving the submissions and files submitted for review, make a decision on whether to change the cases submitted by the public security organs to the people's procuratorate at a higher level for review, and notify the people's procuratorate at a lower level and the public security organs to implement them. If it is necessary to change the original decision, it shall notify the people's procuratorate that made the decision not to approve the arrest to revoke the original decision and make a new decision to approve the arrest. When necessary, the people's procuratorate at a higher level may also directly make a decision to approve the arrest, notify the people's procuratorate at a lower level and serve it on the public security organ for execution.
Article 325
If the people's procuratorate decides not to approve the arrest and notifies the public security organ to make supplementary investigation, and the public security organ requests reconsideration after supplementary investigation, the people's procuratorate shall notify the public security organ to reapply for approval of the arrest. If the public security organ insists on reconsideration, the people's procuratorate will not accept it.
If the public security organ should apply for approval of arrest after supplementary investigation, it shall be handled in accordance with the provisions of Article 321st of these Rules.
Article 326 For a case submitted for approval by the public security organ, the investigation and supervision department shall notify the prison procuratorial department of our hospital in writing of the approval, change and lifting of the arrest measures.
Section 3 Examining Arrest and Deciding to Arrest
Article 327 If a people's procuratorate below the provincial level directly accepts a case filed for investigation and needs to arrest a criminal suspect, it shall report it to the people's procuratorate at the next higher level for examination and decision.
In cases transferred by people's procuratorates such as prisons and forestry, if it is necessary to arrest criminal suspects, it shall be reported to the people's procuratorate at the next higher level for examination and decision.
Article 328
When a people's procuratorate at a lower level submits a case for examination and arrest, the investigation department shall write an arrest report and submit it to the procurator-general or the procuratorial committee for examination and approval, and submit it to the people's procuratorate at the next higher level for examination together with the case file and the audio and video materials of interrogating the criminal suspect. When an arrest is submitted, the social danger of the criminal suspect shall be explained and relevant evidence materials shall be attached.
When the investigation department requests to review the arrest, it shall also inform the criminal suspect and his defense lawyer of the report.
Article 329
If the criminal suspect has been detained, the investigation department of the people's procuratorate at a lower level shall report to the people's procuratorate at a higher level for examination and arrest within seven days after detention. The people's procuratorate at the next higher level shall make a decision on whether to arrest within seven days after receiving the report requesting arrest. Under special circumstances, the time for deciding to arrest may be extended by one to three days. If the criminal suspect is not detained, the people's procuratorate at the next higher level shall make a decision on whether to arrest him within 15 days after receiving the report for arrest, and the time for major and complicated cases shall not exceed 20 days.
The travel time for submitting case files and serving legal documents shall be calculated within the time limit for examination and arrest by the people's procuratorate at a higher level.
Article 330
For major, difficult and complicated cases, the investigation department of the people's procuratorate at a lower level may request the investigation and supervision department of the people's procuratorate at a higher level and the investigation and supervision department of our hospital to send personnel to intervene in the investigation and participate in the case discussion. When the investigation and supervision department of the people's procuratorate at a higher level and the investigation and supervision department of the people's procuratorate at a lower level think it necessary, they can report to the procurator-general for approval, send personnel to intervene in the investigation, put forward opinions on collecting evidence and applying laws, and supervise whether the investigation activities are legal.
Article 331 If the people's procuratorate at a higher level meets the provisions of Article 305 of these Detailed Rules after examination, it shall interrogate the criminal suspect. Interrogation shall be conducted in accordance with the provisions of Article 307 of these Rules.
When interrogating a criminal suspect who is not in custody, the opinions of the investigation department of the people's procuratorate at a lower level shall be sought.
Interrogation of criminal suspects can be conducted in person or through video. If interrogation is conducted by video recording, the people's procuratorate at the next higher level shall make a record attached. The people's procuratorates at lower levels shall assist in the interrogation, verification and signing of interrogation records.
If it is impossible to conduct face-to-face interrogation or video interrogation due to inconvenient transportation and communication, the people's procuratorate at a higher level may draw up an interrogation outline and entrust the investigation and supervision department of the people's procuratorate at a lower level to conduct interrogation. The people's procuratorate at a lower level shall promptly submit the interrogation record to the people's procuratorate at a higher level.
Article 332
If the people's procuratorate at a higher level intends not to interrogate the criminal suspect who has been detained, it shall serve the opinions on interrogating the criminal suspect on the criminal suspect. If it cannot be delivered in time due to inconvenient transportation and other reasons, it may entrust the investigation and supervision department of the people's procuratorate at a lower level to deliver it on its behalf. The people's procuratorate at a lower level shall promptly withdraw the written opinions and report them to the people's procuratorate at a higher level. If it is found through examination that the criminal suspect should be interrogated, it should be interrogated in time.
Article 333
If the people's procuratorate at a higher level decides to arrest, it shall send the decision of arrest together with the case file to the people's procuratorate at a lower level, and the people's procuratorate at a lower level shall notify the public security organ at the same level to execute it. When necessary, the people's procuratorate at a lower level may assist in the execution.
The people's procuratorate at a lower level shall report the execution receipt to the people's procuratorate at a higher level within three days after the public security organ executes the arrest.
If the people's procuratorate at a higher level makes a decision on arrest, it may put forward opinions on the collection of evidence and the application of law.
Article 334
If the people's procuratorate at a higher level decides not to arrest, it shall submit the decision of not arresting together with the case file to the people's procuratorate at a lower level, and explain in writing the reasons for not arresting. If the criminal suspect has been detained, the people's procuratorate at a lower level shall notify the public security organ to release him immediately and report to the people's procuratorate at a higher level; If the case needs to be investigated continuously, and the criminal suspect meets the conditions of obtaining a guarantor pending trial or residential surveillance, the people's procuratorate at a lower level shall decide to obtain a guarantor pending trial or residential surveillance according to law.
If the people's procuratorate at a higher level decides not to arrest and considers it necessary to make supplementary investigation, it shall make a supplementary investigation outline and serve it to the investigation department of the people's procuratorate at a lower level.
Article 335
The people's procuratorate at a higher level shall notify the people's procuratorate at a lower level of the arrest of criminal suspects that should be arrested by the people's procuratorate at a lower level but not reported. If the people's procuratorate at a lower level does not agree to report the arrest of a criminal suspect, it shall explain the reasons. If the reasons are not established after examination, the people's procuratorate at the next higher level may make a decision on arrest according to law.
Article 336
After deciding to arrest, the arrested person shall be immediately sent to the detention center for custody. Unless it is impossible to notify, the investigation department of the people's procuratorate at a lower level shall notify the family members of the arrested person of the reasons for the arrest and the place of detention within 24 hours. For those who cannot be notified, the family members shall be notified immediately after the situation that cannot be notified is eliminated.
Article 337 The investigation department of a people's procuratorate at a lower level shall interrogate the arrested criminal suspect within 24 hours after arrest.
When the people's procuratorate at a lower level finds that it should not arrest, it shall immediately release the criminal suspect or change the compulsory measures, and report to the people's procuratorate at the next higher level.
If it is found necessary to arrest a criminal suspect who has been released or changed to other compulsory measures, the arrest shall be re-examined.
Article 338
If the people's procuratorate that made the arrest decision finds that the arrested criminal suspect should not be arrested, it shall cancel the arrest decision, notify the people's procuratorate at a lower level to serve it on the public security organ at the same level for execution, and explain the reasons for canceling the arrest to the people's procuratorate at a lower level.
Article 339
If the people's procuratorate at a lower level thinks that the decision not to arrest made by the people's procuratorate at a higher level is wrong, it shall report to the people's procuratorate at a higher level for re-examination within five days after receiving the decision, but the criminal suspect who has been detained must be released immediately or changed to other compulsory measures.
The investigation and supervision department of the people's procuratorate at the next higher level shall, after receiving the materials submitted for trial and the case files submitted for trial, assign case-handling personnel to review them separately and make a decision on whether to change them within seven days.
Article 340
The basic people's procuratorate and the people's procuratorate at or below the prefecture level shall report to the people's procuratorate at the next higher level for examination and decision to arrest a case that is directly accepted for investigation.
The public prosecution department is responsible for reporting.
Article 34 1
If it is necessary to arrest a criminal suspect who is a deputy to the people's congresses at various levels, the investigation department of the people's procuratorate at a lower level shall, in accordance with the provisions of Article 146 of these Detailed Rules, report to the people's procuratorate at a higher level for approval of arrest.
Article 342
The Supreme People's Procuratorate, the provincial people's Procuratorate for directly accepted investigation cases, need to arrest the suspect, by the investigation department to fill in the opinions of the arrest of the suspect, together with the case file, interrogation of the suspect's audio and video together transferred to our investigation and supervision department for review. If the criminal suspect has been detained, the investigation department shall transfer the case to the investigation and supervision department of our hospital for review within seven days after detention.
Article 343
If the investigation department of our hospital has transferred a case for examination and arrest, and the criminal suspect has been detained, the procurator-general or the procuratorial committee shall decide whether to arrest the criminal suspect within seven days after the investigation and supervision department receives the opinion of arresting the criminal suspect. Under special circumstances, the time for deciding to arrest may be extended by one to three days; If the criminal suspect is not detained, the procurator-general or the procuratorial committee shall decide whether to arrest the criminal suspect within 15 days after the investigation and supervision department receives the opinion of arresting the criminal suspect, and the major and complicated cases shall not exceed 20 days.
Article 344
If the investigation department of our hospital transfers a criminal suspect for examination and arrest, and the procurator-general or the procuratorial committee decides to arrest him, the investigation and supervision department shall send the arrest decision together with the case file and the audio and video materials of interrogating the criminal suspect to the investigation department, and the investigation department shall notify the public security organ to execute it. When necessary, the people's procuratorate may assist in the implementation, and may put forward opinions on collecting evidence and applying the law.
Article 345
If the investigation department of our hospital transfers a criminal suspect who has been examined and arrested, and the procurator-general or the procuratorial committee decides not to arrest him, the investigation and supervision department shall hand over the decision not to arrest, together with the case file and the audio and video materials of interrogating the criminal suspect to the investigation department. If the criminal suspect has been detained, the investigation department shall notify the public security organ to release him immediately.
Article 346
For criminal suspects who should be arrested but have not been transferred for examination and arrest by the investigation department of our hospital, the investigation and supervision department shall put forward suggestions to the investigation department for transfer, examination and arrest. If the proposal is not adopted, the investigation and supervision department may report it to the procurator-general and submit it to the procuratorial Committee for decision.
Article 347
The Supreme People's Procuratorate and the people's procuratorates at the provincial level shall directly accept the cases filed for investigation, and immediately send the arrested person to the detention center for custody after arresting the criminal suspect. Unless it is impossible to notify, the investigation department shall notify the family members of the arrested person of the reasons for the arrest and the place of detention within 24 hours. For those who cannot be notified, the family members shall be notified immediately after the situation that cannot be notified is eliminated.
Article 348 When the Supreme People's Procuratorate and the provincial people's procuratorate handle cases directly accepted for investigation, the investigation department shall interrogate the criminal suspect within 24 hours after arrest.
If it is found that the arrest should not be made, with the approval of the procurator-general, the arrest decision shall be revoked or changed to other compulsory measures, and the public security organ shall be notified to implement it, and the investigation and supervision department shall be notified at the same time.
If a criminal suspect who has been released or changed his arrest measures in accordance with the provisions of the preceding paragraph finds it necessary to re-arrest, he shall be re-transferred for examination and arrest.
Article 349
The Supreme People's Procuratorate and the people's procuratorates at the provincial level directly accept the cases put on file for investigation, have made a decision not to arrest, and if it is found necessary to arrest the criminal suspect, they should go through the arrest formalities again.
Article 350 When a people's procuratorate handles a case directly accepted for investigation, the investigation department shall notify the procuratorial department of our country in writing of the decision, change and lifting of the arrest measures.
Section 4 Approval of Prosecution
Article 351 If the maximum punishment prescribed by law is life imprisonment or death penalty, if the time limit for prosecution has passed 20 years, no prosecution shall be initiated. If prosecution is deemed necessary, it shall be submitted to the Supreme People's Procuratorate for approval.
Article 352 For a case that needs to be reported to the Supreme People's Procuratorate for approval and prosecution, the investigation organ may take compulsory measures against the criminal suspect before approval.
The investigation organ reported for approval of prosecution and demanded the arrest of the criminal suspect. If the people's procuratorate considers it necessary to prosecute and meets the statutory conditions for arrest after examination, it may approve the arrest according to law, and at the same time, it requires the investigation organ not to stop investigating the case during the period of reporting for approval of prosecution.
Without the Supreme People's Procuratorate's approval, no public prosecution may be initiated in this case.
Article 353 A case submitted for approval of prosecution shall meet the following conditions at the same time:
(1) There is evidence to prove the existence of a criminal fact, and the criminal fact is committed by a criminal suspect;
(2) The maximum penalty within the statutory sentencing range that should be applied to acts suspected of committing crimes is life imprisonment or death penalty;
(3) The nature, circumstances and consequences of the suspected crime are particularly serious. Although the 20-year prosecution period has passed, the social harm and influence still exist, and failure to prosecute will seriously affect social stability or have other serious consequences, and it is necessary to prosecute;
(4) The criminal suspect can appear in court in time for trial.
Article 354 A case submitted by the investigation organ for approval of prosecution shall be accepted by the people's procuratorate at the same level and reported to the Supreme People's Procuratorate for examination and decision.
Article 355
The local people's procuratorates at all levels shall promptly examine the cases submitted by the investigation organs for approval of prosecution, conduct necessary investigations, put forward opinions on whether to approve the prosecution after deliberation by the procuratorial committee, make a report on the application for approval of prosecution within 10 days after accepting the case, and submit it to the Supreme People's Procuratorate together with the case materials.
Article 356
After receiving the report and case materials submitted for approval by the provincial people's procuratorate, the Supreme People's Procuratorate shall conduct a timely review, and if necessary, send people to the place where the case occurred to understand the case. With the approval of the Procurator-General or the deliberation of the Procuratorial Committee, a decision on whether to approve the prosecution shall be made within one month after accepting the case, which may be extended for fifteen days under special circumstances, and the decision on whether to approve the prosecution shall be made, which shall be distributed step by step to the people's procuratorate that initially accepted the case and served on the investigation organ that submitted the case for approval.
Article 357 If a decision on whether to prosecute a case for which arrest has been approved cannot be made upon the expiration of the period of investigation and detention, the compulsory measures shall be changed or the period of investigation and detention shall be extended.
Article 358 The people's procuratorate that initially accepted the case that the Supreme People's Procuratorate decided to approve the prosecution shall supervise the investigation work of the investigation organ.
If the Supreme People's Procuratorate decides not to approve the prosecution, and the investigation organ fails to dismiss the case in time, the people's procuratorate at the same level shall supervise and correct it. If a criminal suspect is in custody, he shall be released immediately.
Article 359 A people's procuratorate directly accepts a case filed for investigation and submitted to the Supreme People's Procuratorate for approval and prosecution, and shall handle it with reference to the provisions of this section.