The process for the procuratorate to handle criminal complaint cases: (1) The People's Procuratorate shall review the criminal complaint case by two or more prosecutors, and the original person in charge shall not participate. When reviewing a case, the complainant's reasons for complaint should be heard, discussions should be held with the original case handlers, and if necessary, additional investigation of relevant evidence should be conducted. (2) The procedures for hearing criminal appeal cases are open to the public. 1. After filing a case for review, the procuratorial department can conduct a public review of the criminal complaint cases under its jurisdiction, mainly in the form of court sessions and public trials. However, cases involving state secrets or personal privacy, or the complainant's unwillingness to hold a hearing are not suitable for hearings. 2. Personnel participating in the hearing include: case handler, clerk, complainant and his litigation agent, hearing officer and other persons related to the case. Before the hearing, the People's Procuratorate shall temporarily hire more than three odd-numbered experts, scholars, deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, or other public figures to serve as hearing officers. 3. The hearing shall be presided over by the chief prosecutor or one of the persons in charge of the review case. The complainant shall state the reasons for the complaint, and the case handler shall explain the facts and legal basis for the handling decision based on the complainant's reasons for the complaint, and present relevant evidence. The hearing officer can ask questions to the complainant and case handler, evaluate the case based on the hearing facts, form a hearing opinion based on the majority opinion, and announce it on the spot. The hearing transcript shall be signed or sealed by the hearing participants after reading it. 4. The person in charge of the review case shall put forward case handling opinions based on the identified facts, evidence, relevant laws and regulations, and the hearing opinions of the hearing officer as an important basis, and report them to the Chief Prosecutor for decision. (3) After the People's Procuratorate makes a review decision, it shall prepare a "Criminal Complaint Review Notice" or a "Criminal Complaint Review Decision" and serve them to the complainant, the original case handler and the relevant departments within ten days. The "Criminal Complaint Review Decision" shall be announced publicly, and a transcript of the announcement shall be made. (4) Criminal complaint cases filed for review by the People's Procuratorate shall be concluded within three months after filing. For complex cases, the maximum period shall not exceed six months.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 180: If the People's Procuratorate decides not to prosecute a case involving a victim, it shall Send the decision not to prosecute to the victim. If the victim refuses to accept the decision, he may appeal to the People's Procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. The People's Procuratorate shall inform the victim of the review decision. If the People's Procuratorate upholds the decision not to prosecute, the victim may file a lawsuit with the People's Court. The victim may also file a lawsuit directly with the People's Court without appealing. After the People's Court accepts the case, the People's Procuratorate shall transfer the relevant case materials to the People's Court.
Article 181 If the person who is not prosecuted is dissatisfied with the decision made by the People’s Procuratorate in accordance with paragraph 2 of Article 177 of this Law, he may, within seven days after receiving the decision, File a complaint with the People's Procuratorate. The People's Procuratorate shall make a review decision, notify the person not to prosecute, and send a copy to the public security organ.
Article 252: The parties, their legal representatives, and close relatives may appeal to the People's Court or the People's Procuratorate against a legally effective judgment or ruling, but the execution of the judgment or ruling will not be suspended. .