First, will the procuratorate withdraw the investigation if it is postponed for 15 days?
The extension of 15 days by the procuratorate does not necessarily lead to the withdrawal of the investigation, and it is very likely that the prosecution will be approved.
If the procuratorate withdraws the investigation after an extension of 15 days, it may also be returned to the public security organ for supplementary investigation and handling. As the public prosecution organ of criminal cases, the procuratorate shall, after receiving the prosecution opinions and evidence materials from the public security organs, conduct a comprehensive review of the evidence materials. If it thinks that there may be illegal evidence collection as stipulated in Article 56 of the Criminal Procedure Law, it may be required to explain the legality of the evidence collection.
After a comprehensive review of the evidence of the case, the procuratorial organ considers that the evidence is insufficient, or there is a crime omission, or the public security violates the law during the investigation. The procuratorate may return the case to the public security organ according to law and ask the public security organ to make supplementary investigation.
If supplementary investigation is needed, it may be returned to the public security organ for supplementary investigation, or it may be conducted by itself.
The public security organ shall complete the supplementary investigation within one month, and the supplementary investigation shall not exceed two times.
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.
The law does not stipulate that the procuratorate returns the supplementary investigation to inform the parties, so at this stage, the procuratorate has no obligation to inform the parties to the case.
However, in judicial practice, the procuratorate will generally inform the defense lawyer of the suspect.
2. What are the supplementary investigation provisions?
Supplementary investigation is to provide sufficient evidence for the handling of the case, and to re-investigate the shortcomings or weak links of the original investigation on the basis of the original investigation.
According to the provisions of China's criminal procedure law, if the people's procuratorate considers it necessary to make supplementary investigation after reviewing the case, it may conduct investigation on its own or return it to the public security organ for supplementary investigation.
If the people's court considers that the main facts are unclear and the evidence is insufficient, it may return the case to the procuratorate for supplementary investigation.
There are three kinds of supplementary investigation in procedure, namely, supplementary investigation in the stage of examination and arrest, supplementary investigation in the stage of examination and prosecution and supplementary investigation in the stage of trial.
Regarding the supplementary investigation in the stage of examining and approving the arrest, Article 68 of the Criminal Procedure Law stipulates that if the people's procuratorate refuses to approve the arrest after examining the case submitted by the public security organ, it shall explain the reasons and notify the public security organ if supplementary investigation is needed.
When trying a case, the procuratorial organ mainly depends on whether it meets the conditions for prosecution. If the circumstances of the case are not particularly serious and there is no need to prosecute, then no prosecution is required.
At the same time, some cases are more complicated. At this time, we need more time to see if the evidence is sufficient.
Need to extend the time for review and prosecution.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 169 of the Criminal Procedure Law of People's Republic of China (PRC), the people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within one month, and the major and complicated cases may be extended by half a month. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.