The court has the right to return criminal cases to the procuratorate. Generally speaking, criminal cases are returned to the procuratorate for several reasons: 1, and most of them are required by the court to complete the evidence before prosecution. 2. The charges prosecuted by the procuratorate and the evidence provided cannot be fully supported, and additional charges need to be returned. During the trial, the procuratorate requested an adjournment. The Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that after the people's court has examined the cases that have been prosecuted, it shall handle them separately according to the following circumstances: (1) The cases that were handled after being informed shall be returned to the people's procuratorate, and the victim shall be informed of the right to initiate private prosecution; (2) If the defendant is not under the jurisdiction of this court or the defendant is not within the scope of filing a case, it shall be returned to the people's procuratorate; (three) does not meet one of the provisions of the preceding article second to eighth, the need for supplementary materials, it shall notify the people's Procuratorate to supplement within three days; (4) After the defendant is acquitted in accordance with the third provision of Article 195 of the Criminal Procedure Law, if the people's procuratorate re-prosecutes according to new facts and evidence, it shall accept the case according to law; (5) In accordance with the provisions of Article 242nd of this Interpretation, a case that is allowed to be withdrawn without new facts and evidence shall be returned to the People's Procuratorate; (six) in accordance with the provisions of the second to sixth items of Article 15 of the Criminal Procedure Law, it is decided to terminate the trial or return it to the people's procuratorate. Article 211 of the Criminal Procedure Law After examining a case of private prosecution, the people's court shall handle it according to the following circumstances: (1) A case with clear criminal facts and sufficient evidence shall be heard in court; (2) In a case of private prosecution lacking criminal evidence, if the private prosecutor cannot provide supplementary evidence, he shall persuade the private prosecutor to withdraw the private prosecution or make a ruling to dismiss it. If the private prosecutor refuses to appear in court without justifiable reasons after being summoned twice according to law, or withdraws from court without the permission of the court, it shall be treated as withdrawal. In the course of court hearing, if the judges have doubts about the evidence and need to investigate and verify it, the provisions of Article 196 of this Law shall apply.
Legal objectivity:
According to Article 181 (1), (2), (5) and (6) of the Supreme People's Court's Interpretation on Application, after examining a case of public prosecution, the people's court shall handle it according to the following circumstances: (1) A case that is handled after being informed shall be returned to the people's procuratorate, and the victim shall be informed of the right to initiate private prosecution; (2) If it is not under the jurisdiction of this court or the defendant is not within the scope of filing a case, it shall be returned to the people's procuratorate; (5) In accordance with the provisions of Article 242nd of this Interpretation, if there are no new facts and evidence, the case allowed to be withdrawn shall be returned to the People's Procuratorate; (six) in accordance with the provisions of the second to sixth items of Article 15 of the Criminal Procedure Law, it is decided to terminate the trial or return it to the people's procuratorate.