1. what is the time limit for the procuratorate to review and prosecute after the criminal procedure law transfers the case?
After the case is transferred, the time limit for the procuratorate to review and prosecute is one month. For major and complicated cases, the time limit for examination and prosecution may be extended for fifteen days. If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.
Criminal Procedure Law of the People's Republic of China
Article 172
The people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month, and the major and complicated cases may be extended for fifteen days; If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.
If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
Second, what are the contents of the review and prosecution after the criminal case is transferred to the procuratorate?
(a) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;
(two) whether there are any omission crimes and other persons who should be investigated for criminal responsibility;
(3) Whether criminal responsibility should be investigated;
(four) whether there is an incidental civil action;
(5) Whether the investigation activity is legal.
3. What rights do lawyers have after the case is transferred for review and prosecution?
1, defense lawyers have the right to read papers.
The people's procuratorate may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date of examination and prosecution of the case. Litigation documents include the decision to file a case, detention certificate, decision to approve arrest, decision to arrest, arrest warrant, search warrant, prosecution opinion and other procedural documents made for filing a case, taking compulsory measures and investigation measures, and submitting for review and prosecution. Technical appraisal materials include forensic medicine appraisal, forensic psychiatry appraisal, material evidence technical appraisal and other documents that record the appraisal situation and appraisal conclusion, and are formed by the appraisal of people, things and other relevant evidence materials by qualified personnel.
2. Have the right to meet with criminal suspects.
A defense lawyer can meet a criminal suspect in custody with his lawyer's practice license, power of attorney and letter of introduction from a law firm, and the time and frequency of the meeting are not limited. When the defense lawyer meets the criminal suspect, the procuratorial organ does not send personnel to be present. When a defense lawyer meets a criminal suspect whose residence is under surveillance, he shall meet other criminal suspects who are not in custody at his residence, unit or law firm.
3. Defence lawyers have the right to investigate and collect evidence.
When a case of public prosecution is transferred to prosecution, the defense lawyer shall apply for collecting materials related to the case from the victim, his close relatives or witnesses provided by the victim, and shall be in written form and explain the reasons for the application. If the defense lawyer makes the above application, the public prosecutor's office shall solicit the opinions of the victim, his close relatives or witnesses provided by the victim, and give a written reply to the applicant within the prescribed time limit from the date of receiving the application. According to the application of a defense lawyer, if evidence is collected or retrieved, the defense lawyer may be notified to be present, or the results of the collection and retrieval of evidence shall be informed to the defense lawyer in time.
4. The defense lawyer has the right to put forward defense opinions to prove that the criminal suspect is innocent, the crime is light or his criminal responsibility is reduced or exempted according to law.
5. The defense lawyer has the right to apply to the procuratorial organ for bail pending trial according to the case. Defense lawyers believe that criminal suspects who have taken compulsory measures beyond the statutory time limit have the right to request the cancellation or change of compulsory measures.
The people's procuratorate is responsible for the examination and prosecution of public prosecution cases. Therefore, after the investigation, the supervisory organ or the public security organ needs to transfer the case to the people's procuratorate in time. The people's procuratorate has a lot to examine in the stage of examination and prosecution, such as whether the evidence collection procedure is legal, whether the evidence is sufficient, and whether the conviction and accusation are correct.