According to the law of our country, it is the authority of the people's procuratorate to initiate public prosecution, and all cases that need to be prosecuted are examined and decided by the people's procuratorate. The people's procuratorate shall conduct a serious and comprehensive review of the cases transferred for prosecution by the public security organs after the investigation is completed. It is necessary to find out whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, whether the nature and charges of the crime are correct, whether there are omissions in the crime and other people who should be investigated for criminal responsibility, whether criminal responsibility should not be investigated, whether there are incidental civil actions, and whether the investigation activities are legal. When examining a case, the people's procuratorate shall question the defendant, witnesses and victims. If the people's procuratorate believes that the facts of the defendant's crime have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions of criminal jurisdiction.
Procuratorates usually hold court sessions within one month after examining and prosecuting, but if major cases are involved, a certain period of time can be extended. The specific situation should be determined according to the handling of the case, so as to avoid mistakes in the application of the law, which will be determined by the judicial organs. At the stage of review and prosecution by the people's procuratorate, the general review period is one month, and major and complicated cases can be extended by 15 days; If the facts are unclear or the evidence is insufficient after examination, it may be returned to the public security organ for supplementary investigation, and the supplementary investigation period is one month; After the supplementary investigation, the public security organ shall transfer it to the people's procuratorate for re-examination and prosecution, and the review period shall still be one month. Major and complicated cases can be extended by 15 days. If the facts are still unclear or the evidence is insufficient after examination, it may be returned to the public security organ for a second supplementary investigation, and the supplementary investigation period is one month; After supplementary investigation, the public security organ transferred it to the people's procuratorate for examination and prosecution for the third time, and the examination period was still one month. Major and complicated cases can be extended by 15 days. In the meantime, a decision must be made on the case, either to prosecute or not to prosecute. As a general case, the people's procuratorate usually closes the case within one month and initiates a public prosecution.
After the parties receive the indictment from the court, that is, after the court serves the legal documents to the defendant, the defendant will generally be given a one-month time limit for proof. That is, it will take at least one month from filing a case to trial. The plaintiff should ensure that the contact information left is smooth, so that the court notice can inform the relevant information in time. Secondly, after the court files a case, it will serve the legal documents on the defendant. If the defendant's address is not detailed enough when the plaintiff files a lawsuit, or the court can't find the defendant, then the court will announce it for 2 months.
How long does it take for the procuratorate to prosecute in the second instance?
A case under supplementary investigation shall be completed within one month. According to the law, the procuratorate can return the case to the investigation organ for supplementary investigation twice. After the first supplementary investigation is completed, the procuratorate may review the case for 1 month. If the case is complicated, it can be extended by 15 days. If there are still problems, they can be returned to the investigation organ for supplementary investigation 1 month, and then returned to the procuratorate for transfer within 1 month.
Review and prosecution refers to the activities of the people's procuratorate to review cases transferred or exempted from prosecution by public security organs and decide whether to prosecute. In China, examining and prosecuting activities is one of the functions and powers of the people's procuratorate and a necessary procedure stipulated in the Criminal Procedure Law. In the process of examination and prosecution, the people's procuratorate comprehensively examines the criminal facts and evidence collected in the investigation stage, which is not only the inspection and acceptance of the investigation work, but also the deepening and development of the investigation work, and its purpose is to further ensure the quality of the case.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 158 of the Criminal Procedure Law of People's Republic of China (PRC)
If the investigation of the following cases cannot be completed within the time limit specified in Article 154 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Article 208
When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.