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Lawyer's analysis
If the evidence is insufficient, the procuratorate will not prosecute. If the police think that the evidence is insufficient in the investigation stage, they will directly withdraw the case.
If there is insufficient evidence in the stage of examination and prosecution by the procuratorate, the procuratorate will advise the public security to withdraw the case, re-collect evidence or supplement the investigation.
In the case of the second supplementary investigation, if the people's procuratorate still thinks that the evidence is insufficient and does not meet the conditions for prosecution, it may also directly handle the case without prosecution.
legal ground
Article 175th of the Criminal Procedure Law of People's Republic of China (PRC)
When examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial;
It is believed that article 56 of the law may exist.
Those who collect evidence by illegal means may be required to explain the legality of the evidence collection.
When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation.
A case under supplementary investigation shall be completed within one month.
Supplementary investigation is limited to two times.
After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.