According to the suggestions of procurators of grass-roots procuratorates, the Procuratorial Answer Network built and operated by the Supreme People's Procuratorate has been "launched" since October 2018, and has been favored by procuratorial personnel everywhere for its wide range of content, strong professionalism, and timely and authoritative answers. As an information sharing platform that provides legal policy application, business consultation, and Q&A services, the inspection and answering network has now become a garden and mentor for procurators to discuss business and improve their literacy. The fourteenth issue of "Examination and Answer Network Collection", please pay attention to it.
On the question of the review of the necessity of detention
Type of consultation: Criminal Enforcement Prosecution
Consultant: Wang Qingwei, Kaiyuan Railway Transport Procuratorate, Kunming Railway Transport Procuratorate, Kunming, Yunnan Province
Consultation content: During the review for prosecution, how should different lawyers of the same criminal suspect simultaneously submit a recommendation for release on guarantee pending further investigation and an application for review of the necessity of detention? Does it need to be reviewed by the enforcement department or by the prosecution department?
Answer expert Zhou Hui: Applying for review of the necessity of detention and applying for release on guarantee pending further investigation are the rights of criminal suspects, and the criminal enforcement procuratorial department decides whether to propose release or change compulsory measures to the public prosecution department after reviewing the necessity of detention, and whether to release or change compulsory measures is decided by the public prosecution department. The decision of a criminal suspect to apply to the public prosecution department for release on guarantee pending further investigation is to be made by the public prosecution department. There is no conflict between the two, and the criminal enforcement prosecution department and the public prosecution department each perform their duties in accordance with the provisions of the law.
Whether the complaint department undertakes the business of criminal appeal cases
Type of consultation: Prosecution and appeal prosecution
Consultant: Qinghai Shen Ying
Consultation content: After the institutional reform, will the prosecution department of complaint and appeal still undertake the business of criminal appeal cases?
Answer expert Wang Junyi: According to the 2019 Reply of the Tenth Department of the Supreme People's Procuratorate on Clarifying the Criminal Appeal Function of the Prosecution Department of Complaint and Appeal, after the institutional reform, the prosecution department of complaint and appeal shall be responsible for reviewing the criminal appeal cases accepted by the court in addition to accepting the accusations and appeals to the court and undertaking the state compensation cases and state judicial aid cases under the jurisdiction of the court. Where upon review of criminal appeal materials or necessary investigation and verification, it is found that the original handling decision or judgment is correct, issue a review conclusion to directly reply to the complainant, and do a good job of explaining the law and reasoning; where upon review it is found that there is a possibility of error in the original case and it is necessary to collect all the case files of the original case for further review, transfer it to other criminal prosecution departments for handling.
Source: Supreme People's Procuratorate
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