Complaint procedure for criminal cases to the procuratorate

Legal analysis: 1. The people's procuratorate shall review the criminal appeal case by two or more prosecutors, and the original undertaker shall not participate. When examining a case, the complainant shall listen to the reasons for his complaint, have a discussion with the original case-handling personnel, and make supplementary investigation on relevant evidence when necessary.

Two. Procedures for public examination of criminal appeal cases: After filing a case for examination, the procuratorial department of appeal can conduct public examination, and the main forms of public examination are holding hearings and public hearings. However, cases involving state secrets or personal privacy, and the complainant's unwillingness to hold a hearing are not suitable for holding a hearing.

Three, the people's Procuratorate made a review decision, should make a "criminal appeal review notice" or "criminal appeal review decision", and served on the complainant, the original case and the relevant departments within ten days. "Criminal appeal review decision" shall be publicly announced, and the announcement record shall be made.

Four, the people's Procuratorate for the review of criminal appeal cases, should be completed within three months after filing. If the case is complicated, the longest period shall not exceed six months.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 180 If a people's procuratorate decides not to prosecute a case with a victim, it shall serve the decision not to prosecute on the victim. If the victim refuses to accept the decision, he may appeal to the people's procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. The people's procuratorate shall inform the victim of the reexamination decision. If the people's procuratorate upholds the decision not to prosecute, the victim may bring a lawsuit to the people's court. The victim may also bring a lawsuit directly to the people's court without appeal. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court.

Article 181 If the person who is not prosecuted refuses to accept the decision made by the People's Procuratorate in accordance with the second paragraph of Article 173 of this Law, he may lodge a complaint with the People's Procuratorate within seven days after receiving the decision. The people's procuratorate shall make a review decision, notify the non-prosecutor, and send a copy to the public security organ.