|
Article 138 A People s Procuratorate shall make a decision within one month on a case that a public security organ has transferred to it with a recommendation to initiate a prosecution; an extension of a half month may be allowed for major or complex cases. If jurisdiction over a case to be examined and prosecuted by a People s Procuratorate is altered, the time limit for examination and prosecution shall be calculated from the date on which another People s Procuratorate receives the case after the alteration. Article 139 When examining a case, the People s Procuratorate shall interrogate the criminal suspect and heed the opinions of the victim and of the persons entrusted by the criminal suspect and the victim. Article 140 In examining a case, the People s Procuratorate may request a public security organ to provide the evidence that is essential to the trial in court. In examining a case that requires supplementary investigation, the People s Procuratorate may remand the case to a public security organ for supplementary investigation or conduct the investigation itself. In cases where supplementary investigation is to be conducted, it shall be completed within one month. Supplementary investigation may be conducted twice at most. When supplementary investigation is completed and the case is transferred to the People s Procuratorate, the time limit for examination and prosecution shall be recalculated by the People s Procuratorate. With respect to a case for which supplementary investigation has been conducted, if the People s Procuratorate still believes that the evidence is insufficient and the case does not meet the conditions for initiation of a prosecution, the People s Procuratorate may decide not to initiate a prosecution. Article 141 When a People s Procuratorate considers that the facts of a criminal suspect s crime have been ascertained, that the evidence is reliable and sufficient and that criminal responsibility should be investigated according to law, it shall make a decision to initiate a prosecution and shall, in accordance with the provisions for trial jurisdiction, initiate a public prosecution in a People s Court. Article 142 If a criminal suspect is found to be under one of the circumstances provided in Article 15 of this Law, the People s Procuratorate shall make a decision not to initiate a prosecution. With respect to a case that is minor and the offender need not be given criminal punishment or need be exempted from it according to the Criminal Law, the People s Procuratorate may decide not to initiate a prosecution. With respect to a case for which the People s Procuratorate has decided not to initiate a prosecution, the People s Procuratorate shall, at the same time, cancel the seizure or freeze of the property or things of value seized or frozen during the period of investigation. If the person against whom prosecution is not to be initiated need be given administrative penalty or administrative sanction or his illegal gains need be confiscated, the People s Procuratorate shall make suggestions to such an effect and transfer the case to the competent organ for handling. The competent organ shall, without delay, inform the People s Procuratorate of how it has handled the case.
此文章共有16页 [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [下一页]
【东方法眼收集 http://www.dffy.com】
收藏到法律网摘 大
中 小
红
绿
蓝
黑 打印 顶部 关闭 |