I: Overview
After examining the cases submitted by the public security organs for approval of arrest, the people's procuratorate shall decide whether to approve or disapprove the arrest according to the circumstances. The public security organ shall immediately implement the decision to approve the arrest and notify the people's procuratorate of the implementation in time. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention.
Two: Special circumstances
Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it.
Three: More detailed information
Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law. The judicial organs in China will investigate the illegal acts of criminals and impose sentences according to the circumstances and consequences of the suspects. If the criminal act is not completed due to subjective and objective reasons in the process of committing a crime, the judicial organs will also give the criminals a lighter or mitigated punishment as appropriate.
Four: After the people's procuratorate has examined and approved the arrest, it may interrogate the criminal suspect. In any of the following circumstances, the criminal suspect shall be interrogated:
1, whether it meets the conditions of arrest is questionable;
2. The criminal suspect asks the prosecutor face to face;
3. There may be major violations in the investigation activities.
Legal basis:
Criminal procedure law
Article 38 A defender has the right to consult the case file. From the date of examination and prosecution by the people's procuratorate, the defense lawyer may consult, extract and copy the case file materials of this case. Other defenders have the right to consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Article 40 of the Criminal Procedure Law: Defence lawyers may consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate. Lawyers can only charge fees necessary for copying materials when consulting, extracting and copying litigation documents, technical appraisal materials and materials charged with criminal facts in this case, and may not charge fees for other names. The charging standards are unified throughout the country, and approved by the Supreme People's Court and the Supreme People's Procuratorate. "