1. Criminal cases handled by the People's Procuratorate are handled by prosecutors, reviewed by the person in charge of the case handling department, and decided by the chief prosecutor or the procuratorial committee;
2. The People's Procuratorate shall set up internal institutions in accordance with the law to carry out division of labor and responsibilities for criminal litigation work such as case acceptance, case filing and investigation, investigation supervision, public prosecution, accusation, appeal, procuratorial supervision, etc. Each shall perform its own duties and check each other to ensure the quality of case handling.
In criminal proceedings, the Supreme People's Procuratorate leads the work of local People's Procuratorates at all levels and specialized People's Procuratorates, the higher-level People's Procuratorates lead the work of lower-level People's Procuratorates, and the Chief Prosecutor leads the work of the Procuratorates. The People's Procuratorate at the higher level has the right to revoke or change the decision made by the People's Procuratorate at the lower level. If it is discovered that there are errors in the cases handled by the lower-level People's Procuratorate, it has the right to order the lower-level People's Procuratorate to make corrections.
Legal Basis
Criminal Procedure Law of the People's Republic of China
Article 6 When conducting criminal proceedings, the people's courts, people's procuratorates and public security organs must rely on the masses and rely on facts as the basis and the law as the criterion. All citizens are equal in the application of the law and are not allowed any privileges before the law. Article 7 Principles of division of labor and responsibilities, mutual cooperation, and mutual restraints The people's courts, people's procuratorates, and public security organs shall divide labor and responsibilities, cooperate with each other, and restrain each other in criminal proceedings to ensure accurate and effective law enforcement. Article 8 Principles of Legal Supervision The People’s Procuratorate shall exercise legal supervision over criminal proceedings in accordance with the law. Article 3 The principle of authority shall strictly follow the principle of legal procedure. Public security organs are responsible for the investigation, detention, execution and pre-trial of criminal cases. For cases directly accepted by the procuratorial organs, the People's Procuratorate is responsible for prosecuting, approving arrests, investigating and prosecuting cases. The People's Court shall be responsible for the trial. Except as otherwise provided by law, no other agency, organization or individual has the right to exercise these powers. Article 2 Tasks of the Criminal Procedure Law The tasks of the Criminal Procedure Law of the People's Republic of China are to accurately and timely ascertain the facts of crimes, correctly apply the law, punish criminals, protect innocent people from criminal prosecution, educate citizens to consciously abide by the law, and actively Fight against criminal acts, safeguard the socialist legal system, respect and protect human rights, protect citizens' personal rights, property rights, democratic rights and other rights, and ensure the smooth progress of socialist construction.