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| 中华人民共和国刑事诉讼法（英文版）（上） |
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| http://www.dffy.com 2007-1-19 17:18:57 来源：东方法眼 |
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Article 129 After a public security organ has concluded its investigation of a case, the facts should be clear and the evidence reliable and sufficient and, in addition, it shall make a written recommendation for prosecution, which shall be transferred, together with the case file and evidence, to the People s Procuratorate at the same level for examination and decision.
Article 130 If it is discovered during investigation that a criminal suspect s criminal responsibility should not have been investigated, the case shall be dismissed; if the criminal suspect is under arrest, he shall be released immediately and issued a release certificate, and the People s Procuratorate which originally approved the arrest shall be notified.
SECTION 10 INVESTIGATION OF CASES DIRECTLY ACCEPTED BY THE PEOPLE S
Article 131 Investigation of cases directly accepted by the People s Procuratorates shall be governed by the provisions of this Chapter.
Article 132 If a case directly accepted by a People s Procuratorate conforms with the conditions provided in Article 60 and in sub-paragraph (4) or sub-paragraph (5) of Article 61 of this Law, thus arrest or detention of the criminal suspect is necessitated, the decision thereon shall be made by the People s Procuratorate and executed by a public security organ.
Article 133 A detainee in a case directly accepted by a People s Procuratorate shall be interrogated within 24 hours after the detention. If it is found that the person should not have been detained, he must be released immediately and issued a release certificate. If an arrest is necessitated but the evidence is insufficient, the detainee may be allowed to obtain a guarantor pending trial or be subjected to residential surveillance.
Article 134 If a People s Procuratorate deems it necessary to arrest a detainee in a case directly accepted by it, it shall make a decision thereon within 10 days after the detention. Under special circumstances, the time limit for deciding on an arrest may be extended by one to four days. If arrest is unnecessary, the detainee shall be released immediately; if the case requires further investigation and the detainee meets the conditions for obtaining a guarantor pending trial or for residential surveillance, he shall be allowed to obtain a guarantor pending trial or be subjected to residential surveillance according to law.
Article 135 After a People s Procuratorate has concluded its investigation of a case, it shall make a decision to initiate public prosecution, not to initiate a prosecution or to dismiss the case.
CHAPTER III INITIATION OF PUBLIC PROSECUTION
Article 136 All cases requiring initiation of a public prosecution shall be examined for decision by the People s Procuratorates.
Article 137 In examining a case, a People s Procuratorate shall ascertain:
(1) whether the facts and circumstances of the crime are clear, whether the evidence is reliable and sufficient and whether the charge and the nature of the crime has been correctly determined;
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本文关键词：刑事诉讼
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编辑：李富金 |
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