Of course, investigation includes interrogating criminal suspects, witnesses and victims, while being taken away by the procuratorate in a general sense refers to criminal suspects involved in crimes directly under the jurisdiction of the procuratorate.
article 18 of the criminal procedure law stipulates that the investigation of criminal cases shall be conducted by public security organs, unless otherwise stipulated by law. Crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes of illegal detention, crimes of extorting confessions by state functionaries by torture, crimes of retaliation and framing, crimes of illegal search, and crimes of infringing citizens' democratic rights shall be investigated by the people's procuratorate.
if other major criminal cases committed by state functionaries by taking advantage of their functions and powers need to be directly accepted by the people's procuratorate, they may be placed on file for investigation upon the decision of the people's procuratorate at or above the provincial level. Cases of private prosecution are directly accepted by the people's courts.
If it is a criminal suspect, that is, a participant in the case, it usually takes 12 hours to put it back. However, the Criminal Procedure Law has no time limit for questioning witnesses.
legal basis: article 92 of the criminal procedure law stipulates that a criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the documents of the people's procuratorate or the public security organ shall be produced. The maximum duration of summons and summons shall not exceed twelve hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons.
Extended data:
Procedures after the people are taken away by the procuratorate:
1. The procuratorate (or the public security organ) conducts material investigation, forms written confession materials of the defendant, obtains criminal evidence, witness testimony and other related materials, and hands them over to the procuratorate.
2. After receiving the handed-over materials, the procuratorial department shall carefully check and investigate. If there is no doubt after the investigation, an indictment will be formed and submitted to the court. If the materials are found to be inconsistent with the facts, they will be sent back to the original investigation organ for further investigation and evidence collection. After re-investigation and evidence collection, if the original organ finds that the facts are really unclear and the evidence is insufficient, the defendant will be released. If the facts are clear and the evidence is conclusive, it will be transferred to the procuratorate to form an indictment and sent to court.
3. After receiving the indictment, the court examines the indictment materials, and at the same time serves the defendant with the Notice of Entrusted Defense, informing him that he has been sued to the court, and at the same time serves a copy of the indictment, asking whether the defendant has any objection to the contents listed in the indictment and whether the defendant needs to provide new evidence to prepare for the trial.
4. During this period, the court conducted an out-of-court investigation, and the defendant's entrusted agent began to investigate and collect evidence.
5. In court trial, the prosecutor reads the indictment, the defendant defends himself, the agent defends at the same time, and the court debates. According to the debate between the two sides, the judge formed the trial materials, announced a temporary recess and decided on a date.
6. according to the facts of the case, the court will form a collegiate bench, fully grasp the criminal facts and harm of the defendant according to the indictment, out-of-court investigation data and the materials of the debates between the two sides, and make a judgment according to relevant laws and regulations, thus forming a judgment.
7. At the second court session, the judge will read out the judgment, whether the public prosecutor protests, whether the defendant appeals and serve the judgment.
8. If a person is sentenced to probation (not death penalty) and does not appeal, the restriction on personal freedom will be lifted, and the original work unit or guardian will be responsible for guardianship. Within the probation period of probation, if no illegal or criminal acts occur again, the probation period will expire and the execution of punishment will end; If you commit a crime again, you will be put in prison for execution.
9. If a person is sentenced to actual punishment, if he does not appeal, he will go to the reform-through-labour camp to execute the punishment after the expiration of the 1-day appeal. If he appeals, he will have to wait for the Intermediate People's Court to reopen the trial.