Got caught by the police, okay? Why do some people make the same mistake even if they are not afraid of being caught by the police?

If you are under criminal detention, but the procuratorate does not approve the arrest, it means that you may be released on bail pending trial or under residential surveillance (bail pending trial is more common). After that, you may have nothing to do. After the bail expires, the case will be dismissed (or you can sue directly).

If the people's procuratorate approves the arrest, but ultimately fails to prosecute or acquit the party concerned, the responsibility for misjudged cases shall be borne by the people's procuratorate. If the people's procuratorate is cautious in examining and approving the arrest and finds that there are problems in the case and refuses to approve the arrest, the public security organ must lift the criminal detention measures and replace them with bail pending trial or execution outside prison, and then cancel the case after the expiration. (Of course, there are cases where direct prosecution is not made. )

Back to your case, after you are detained by the public security organ, if the public security organ thinks that you should be arrested, it will submit it to the procuratorate for review within 30 days at the longest and decide whether to approve your arrest. The decision-making power of arrest rests with the procuratorate, and the department responsible for this matter is called the investigation and supervision department of the procuratorate, which examines and approves the arrest.

This is very important. As I said before, if the procuratorate approves your arrest, but you are finally acquitted by the court, or the procuratorate does not prosecute, the procuratorate may be liable for state compensation. (See Article 19 of the State Compensation Law for details)

Examination and arrest is a link in criminal proceedings (usually in the investigation stage, but also in the examination and prosecution stage and court trial stage, the relevant case-handling organs decide whether to arrest)

Therefore, once the case is caught, it is very likely to be prosecuted, and considering the extremely low acquittal rate in China, it is very difficult to defend the case even if the problem is obvious. On the other hand, if the procuratorate does not approve the arrest, it will be much easier for the public prosecutor to make a decision not to prosecute at the stage of examination and prosecution, that is, the case will be acquitted before the trial procedure starts.

Therefore, it can be said that whether the procuratorate can approve the arrest determines the fate of the parties to the criminal case.