The criminal case was remanded for retrial. Has the prosecutor of the procuratorate changed?

Legal analysis: When a criminal case is sent back for retrial, the people's procuratorate shall replace the prosecutor in court. In the Criminal Procedure Law and the judicial interpretation of the Supreme Court, there is no relevant provision for the procuratorate to replace the public prosecutor at the remand stage. However, whether from the legal point of view or from the actual handling effect of the case, it is obviously beneficial for the procuratorate to replace the public prosecutor who appeared in court at the remand stage to safeguard the legitimate rights and interests of the defendant, establish judicial credibility and reduce the occurrence of unjust, false and misjudged cases, which is undoubtedly more positive for promoting trial-centered judicial trials.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 173 When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and put them on record. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume. If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his agent ad litem on the following matters, and record them: (1) Suspected criminal facts, charges and applicable legal provisions; (2) Suggestions on a lighter, mitigated or exempted punishment; (3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment; (four) other matters that need to listen to opinions. If the people's procuratorate listens to the opinions of the lawyers on duty in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the lawyers on duty to know the relevant situation of the case in advance.

Article 175 When examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, he may be required to explain the legality of collecting evidence. 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.