Legal analysis
According to the law, only when the functionaries of state organs use their powers to illegally detain citizens and infringe upon their personal rights can the procuratorial organs file a case for investigation. Cases of illegal detention of others by staff of non-state organs are put on file for investigation by public security organs, and cases of illegal detention of others by staff of state organs by taking advantage of their powers are also put on file for investigation by public security organs. So the key is to see whether the staff of state organs use their powers. If a citizen complains to the procuratorate that a functionary of a state organ illegally detains another person by taking advantage of his power, he shall apply to the procuratorate for the control department, and the procuratorate shall apply to the control department for acceptance and then transfer it to the self-investigation department of the procuratorate for investigation. But this is an internal matter of the procuratorate, as long as you apply to the procuratorate for a complaint from the control department. Infringement of citizens' personal freedom is an illegal and criminal act. If a citizen is illegally detained, if the circumstances are serious, it will constitute a criminal offence. Illegal detention is a public prosecution case. After investigating the case, if the public security organ thinks that criminal responsibility should be investigated, it will transfer the case to the procuratorial organ, which will examine whether the case is confirmed to be prosecuted.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 162 When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, and write a prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.
163rd in the process of investigation, it is found that the criminal suspect should not be investigated for criminal responsibility, and the case should be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.