Direct prosecution is characterized by not taking arrest measures, but it still needs the procuratorate to review the prosecution or decide whether to prosecute or not. Direct prosecution cases are generally minor cases, so if an understanding can be reached with the victim in the investigation stage or the prosecution stage, there is generally no need to prosecute or the sentencing suggestions of the procuratorial organs can be obtained.
Generally speaking, the forms of direct prosecution cases are as follows: the public security organ requests for approval of arrest, and the procuratorial organ decides not to arrest after examination that it is unnecessary to arrest, and then transfers it to prosecution; The public security organs and procuratorial organs, after full coordination and consultation in advance, jointly formulate normative documents. When the criminal suspect meets the conditions for direct prosecution, the public security organ will directly transfer him for prosecution without submitting the arrest procedure. For example, dangerous driving cases are generally subject to direct prosecution. In judicial practice, the prosecution procedure after the arrest is decided by the procuratorial organ according to its own judicial function, especially for the arrest, there are also relevant conditions. Those who do not meet the conditions for arrest may not be arrested, but if the facts of the crime are later found to be established, a direct judgment may be made.
Legal basis: Article 159 of the Criminal Procedure Law of People's Republic of China (PRC).
A criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, and if the investigation cannot be concluded after the extension of the time limit in accordance with the provisions of Article 158 of this Law, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government.
Article 160
In the course of investigation, if a criminal suspect is found to have committed other important criminal acts, the time limit for investigation and detention shall be recalculated in accordance with the provisions of Article 156 of this Law from the date of discovery.
If a criminal suspect does not give his real name and address and his identity is unknown, his identity shall be investigated, and the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped. If the facts of the crime are clear, the evidence is true and sufficient, and it is really impossible to find out his identity, he can also sue and try according to his self-reported name.
Article 16 1
Before the end of the case investigation, if the defense lawyer makes a request, the investigation organ shall listen to the opinions of the defense lawyer and record them. If a defense lawyer puts forward a written opinion, it shall attach a volume.