I. Review of case materials
In the case that the procuratorate does not approve the arrest, the public security organ will first conduct a detailed review of the case materials. Including the facts, evidence, confessions of criminal suspects, relevant witness testimony and so on. Through examination, the public security organ will determine the nature of the case, the legal provisions involved and possible doubts or deficiencies.
Second, supplementary investigation.
If the case materials are found to be insufficient or doubtful during the review, the public security organ will conduct supplementary investigation according to law. This may include measures such as re-collecting evidence, summoning relevant witnesses and further questioning suspects. The purpose of supplementary investigation is to improve the case materials and ensure that the facts of the case are clear and the evidence is indeed sufficient.
Third, the case was dismissed.
After examination and supplementary investigation, if the public security organ considers that the case does not constitute a crime or the criminal suspect does not need to be investigated for criminal responsibility, the case will be dismissed according to law. The procedure of withdrawing a case usually includes making a report of withdrawing the case, reporting it to the person in charge of the public security organ at or above the county level for approval, and notifying the relevant parties of the decision to withdraw the case.
Four. Subsequent legal proceedings
If the public security organ considers it necessary to continue to investigate the criminal responsibility of a case that has not been arrested by the procuratorate, it may transfer it to prosecution or take other legal measures according to law. At the same time, criminal suspects and their defense lawyers also have the right to apply for bail pending trial, file a complaint or defend according to law.
To sum up:
The procuratorate's handling of cases that have not been arrested involves many links, such as case material review, supplementary investigation, dismissal of cases, follow-up legal procedures and so on. The public security organ will handle the case according to the specific circumstances of the case and ensure that the case is handled fairly, fairly and legally. In the whole process, criminal suspects and their defense lawyers also have the right to exercise their rights according to law and safeguard their legitimate rights and interests.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 175 stipulates:
When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation.
A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.