1. If the procuratorate believes that the criminal facts of the criminal suspect have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the court.
2. If the criminal suspect has no criminal facts or the circumstances of the crime are minor, it is unnecessary to be sentenced to punishment or exempted from punishment, the people's procuratorate may make a decision not to prosecute.
When a case is transferred from the police station to the procuratorate, it means that the investigation is terminated, the illegal facts are ascertained, and the case is transferred to the procuratorate for review and prosecution. If a people's procuratorate decides to file a case for investigation after preliminary investigation, it shall, within three days from the date of deciding to file a case, fill in the registration form for filing by the case-handling department, and submit it to the people's procuratorate at the next higher level for the record together with the filing report and the filing decision. After examination, the people's procuratorate at a higher level shall put forward opinions on whether to approve the filing of the case, and the people's procuratorate at a lower level shall implement them. If the people's procuratorate decides not to file a case and the victim accuses it, it shall make a notice of not filing a case, stating the reasons and legal basis for not filing a case, and the case-handling department shall serve it on the accuser within 15 days. If the complainant refuses to accept the case, he may apply for reconsideration or report to the people's supervisor within ten days after receiving the notice of not filing the case.
The stage of criminal proceedings is divided into five stages: filing a case, investigation, examination and prosecution, trial and execution. The transfer of the case to the people's procuratorate means that the investigation stage of the case has ended, and then it will enter the stage of examination and prosecution, that is, the public prosecution department of the procuratorate will further examine whether the case meets the conditions for prosecution stipulated by law.
The functions of the procuratorate are as follows:
1. Exercising the right to investigate relevant criminal cases according to law;
2. Review criminal cases and approve or decide whether to arrest criminal suspects;
3. Review criminal cases, decide whether to initiate public prosecution, and support public prosecution for cases that decide to initiate public prosecution;
4. Bring public interest litigation according to law;
5. Legal supervision of litigation activities.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated. If criminal responsibility has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated or acquitted: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility.
Article 176 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.
Article 177 If a criminal suspect has no criminal facts or is under any of the circumstances specified in Article 16 of this Law, the people's procuratorate shall make a decision not to prosecute. If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute. In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.