The procuratorate that initiated the public prosecution applied to the court to withdraw the prosecution for supplementary investigation.
Only if the court ruling allows it.
The procuratorate does not take the initiative to apply.
The court cannot decide to return it.
That's against procedure.
If the procuratorate does not take the initiative to apply for withdrawal
Then the court can only make an acquittal of "the charges charged cannot be established due to insufficient evidence" according to law.
Supplementary investigation refers to a litigation activity in which the public security organ or the people's procuratorate further investigates some facts in the case and supplements evidence on the basis of the original investigation work in accordance with legal procedures.
According to the provisions of Articles 68, 140 and 165 of the Criminal Procedure Law, there are three kinds of procedural supplementary investigation, 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. However, Article 27 of the "Regulations" of the six organs interprets Article 68 of the Criminal Procedure Law as follows: when examining cases submitted by public security organs, people's procuratorates shall make a decision to approve or disapprove the arrest, and shall not investigate cases submitted for approval. "This provision actually cancels the return supplementary investigation procedure at the stage of examination and arrest. Now it is divided into two categories:
I. Supplementary investigation at the stage of examination and prosecution
Article 140 of the Criminal Procedure Law stipulates: "When a people's procuratorate examines a case and needs supplementary investigation, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. In the case of supplementary investigation, the supplementary investigation shall be completed within 1 month. Supplementary investigation is limited to 2 times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution. For the case of supplementary investigation, if the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute. "
1. There are two kinds of supplementary investigations. That is, if the public security organ terminates the investigation and the people's procuratorate needs supplementary investigation after examination, it may decide to return the case to the public security organ for supplementary investigation, or it may decide to conduct investigation on its own, and ask the public security organ for assistance when necessary. However, if the people's procuratorate needs to make supplementary investigation on a case that has been investigated by itself, it cannot be returned to the public security organ for supplementary investigation.
2. According to Article 140 of the Criminal Procedure Law and Articles 268 and 269 of the the Supreme People's Procuratorate Rules, a case returned to the public security organ for supplementary investigation shall be completed within one month; The time limit for the people's procuratorate to examine and prosecute shall be recalculated from the date when the supplementary investigation of the case is completed and the case is transferred for prosecution. If the people's procuratorate decides to conduct its own investigation during the period of examination and prosecution, it shall complete the investigation within the period of examination and prosecution.
3. The number of supplementary investigations shall not exceed 2 times. This not only refers to the cases returned to the public security organs for supplementary investigation, but also includes the cases that the people's procuratorate decided to return to the investigation department for supplementary investigation.
4. After supplementary investigation, if the people's procuratorate still thinks that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute. The purpose is to safeguard the legitimate rights and interests of criminal suspects, prevent cases from being dragged on for a long time and improve the efficiency of litigation.
5. Rules of Criminal Procedure of People's Procuratorate:
Article 262
If it is found that the criminal suspect has not committed any illegal or criminal act in the case transferred by the public security organ for examination and prosecution, it shall give a written explanation and return the case file to the public security organ for handling; If it is found that the criminal facts are not committed by the criminal suspect, the reasons shall be explained in writing, and the case file shall be returned to the public security organ, suggesting that the public security organ re-investigate. If an arrest has been made, the decision on arrest shall be revoked and the public security organ shall be notified to release it immediately.
Article 263
If the investigation and prosecution department finds that the case transferred for investigation and prosecution by the investigation department of our hospital is under any of the circumstances stipulated in Article 262 of these rules, it shall return it to the investigation department of our hospital and propose to cancel the case.
Second, the supplementary investigation in the court trial stage.
According to the provisions of Articles 165 and 166 of the Criminal Procedure Law, in the course of court hearing, if the prosecutor finds that the public prosecution case needs supplementary investigation and puts forward suggestions for supplementary investigation, the people's court may postpone the trial, and the supplementary investigation shall be completed within 1 month. It can be seen that only when the people's procuratorate makes a suggestion according to law can the people's court make a decision to postpone the trial. The people's court cannot take the initiative to return the case to the people's procuratorate for supplementary investigation. As long as the cases prosecuted by the people's procuratorates conform to the law, the people's courts must try them. As for the way of supplementary investigation, people's procuratorates generally conduct investigations on their own, and may ask the public security organs for assistance when necessary. The period of supplementary investigation cannot exceed 1 month.