Article 160 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.
Article 161 In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall 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.
This shows that in the process of handling criminal cases, the public security organs only put forward their opinions on prosecution based on the evidence collected in violation of the law, and the suspected charges may be different from those originally suspected, and may increase. Of course, they may also be unable to pursue criminal responsibility or not constitute a crime. In short, they are all suspected of committing crimes, and the procuratorate also has the right to change them, but the final judgment of the court shall prevail.