First, who should the procuratorate listen to when examining and arresting cases?
1, for the review of arrest cases, it is necessary to listen to the opinions of the following persons:
(1) If a criminal suspect entrusts a defense lawyer, he may listen to the opinions of the defense lawyer. If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
(2) The opinions of the defender or the lawyer on duty, the victim and his agent ad litem shall be listened to, and a written record shall be made.
(3) If the defense lawyer has repeatedly put forward opinions during the review, arrest and prosecution stages, it shall be truthfully recorded.
2. Legal basis: Article 261 of the Criminal Procedure Rules of the People's Procuratorate.
Second, what evidence is needed to review the arrest?
(1) Evidence to prove the qualification of the criminal subject. For example, in juvenile criminal cases, the birth certificate of the suspect must be provided to determine whether he has reached the age of criminal responsibility; If there are materials in the volume that reflect that the suspect may be mentally ill, there must be relevant forensic psychiatry appraisal to determine whether he has criminal responsibility; For crimes committed by special subjects such as duty crimes, such as corruption and dereliction of duty, there must be relevant evidence such as employment, registration and division of labor; Crime committed by a unit must be confirmed by industrial and commercial registration, association registration, articles of association, meeting minutes and other evidence; The subject of rape is generally a male criminal suspect, and only when a female criminal suspect commits the same crime can she become the subject of rape. Before approving the arrest of female suspects in such cases, evidence that * * * has committed the same crime must be provided.
(2) Evidence to prove the objective aspects of the crime.
1. If the harmful result is the main basis for conviction, there must be relevant evidence when examining the arrest. For example, the difference of injury results is related to whether the suspect constitutes a crime, the difference between serious injury and minor injury, and also related to the case director, because minor injuries generally belong to the scope of private prosecution. Therefore, the injury case must be proved by forensic examination report or medical appraisal. There are many cases in China's criminal law that distinguish crime from non-crime, felony from misdemeanor, such as theft, fraud, robbery, smuggling, tax evasion and so on. When reviewing such cases, there must be accurate data and evidence to prove it.
2. If the object of harm is the main basis for conviction, such as abandonment crime, evidence that the abandoned person is old, young, seriously ill or other people who cannot live independently must be provided; For the crime of leaking state secrets, evidence must be provided to prove that the leaked state secrets are state secrets and what level of secrets they belong to; The crime of illegally buying and selling precious and endangered wild animals must provide evidence that can prove what kind of animals are bought and sold and the degree of their preciousness and endangerment.
According to the provisions of the Criminal Procedure Rules of the People's Procuratorate, the procuratorate handles the examination and arrest cases, and if the criminal suspect entrusts a defense lawyer, he may listen to the opinions of the defense lawyer. If a defense lawyer is not entrusted, the opinions of the defender or the lawyer on duty, the victim and his agent ad litem shall be listened to.