How to supervise those who should not file a case?

Article 378 of the Criminal Procedure Law of the People's Procuratorate stipulates: "If the public security organ should not file a case for investigation, the people's procuratorate should put forward rectification opinions to the public security organ." & lt First, supervision should be prudent. For cases where the perpetrator has not reached the age of criminal responsibility, or the limitation of prosecution according to law has expired, and the public security case handlers abuse their powers and deliberately intervene in economic disputes in order to investigate improper interests, it is obvious that the public security organs should take active measures to supervise the public security organs to withdraw the case. However, in judicial practice, many such cases may be cognitive problems, and some cases may indeed be controversial. We should be cautious and strict in supervising such cases, especially when putting forward written rectification opinions, so as to ensure the accuracy of legal supervision by procuratorial organs. The Criminal Procedure Law clearly gives the public security organs the right to file a case for investigation. The procuratorial organ should not easily deny the public security organ to file a case without absolute basis or assurance. After all, filing a case for investigation is only the beginning of criminal proceedings. What kind of case it belongs to and whether it constitutes a crime needs to be judged on the basis of finding out the facts. Second, you can make suggestions to correct the violation. For the supervision of public security organs that should not file a case, the Rules of Criminal Procedure of the People's Procuratorate and the Answers to Questions on the Supervision of Filing a Case by the People's Procuratorate clearly stipulate that they can put forward oral or written opinions to the public security organs to correct illegal acts and urge them to correct them. In practice, if the public security organ does not correct it, it can report to the people's procuratorate at the next higher level, and the people's procuratorate at the next higher level will notify the public security organ at the same level to urge the public security organ at the lower level to withdraw the case. Third, strengthen the supervision of investigation activities. If it is a criminal case or whether it should be put on file for investigation by the public security organ, measures should be taken to supervise the public security organ to take coercive measures carefully to avoid serious consequences that damage the rights and interests of the parties. Fourth, by reviewing the arrest procedure and the prosecution procedure. Filing a case for investigation is only the beginning of criminal investigation, and after the case investigation is completed, it may enter the procedure of examination, arrest and prosecution. For cases that should not be filed, the procuratorial organs can correct the illegal filing of cases by the public security organs by refusing to approve the arrest or not to prosecute. Beijing real estate lawyer, Beijing criminal lawyer, Beijing real estate lawyer, Beijing criminal defense lawyer, Beijing law firm, Beijing Fengtai lawyer, Beijing Haidian lawyer, Beijing Chaoyang lawyer, Beijing Xicheng lawyer and Beijing Dongcheng lawyer. (Author Yu Shufeng Unit: People's Procuratorate of Chang 'an District, Shijiazhuang City)