Questions that both parties or their families in criminal cases want to know about the procuratorate
2025 06/17
During the process of handling criminal cases, family members often ask the prosecutor how long it takes to make a decision? How long does it take to reach a conclusion after submitting the review of the necessity of detention? Is it okay for the lawyer not to be present when pleading guilty and accepting punishment? Why is the case going to the prosecutor's committee? What is a joint meeting? Why do we need a hearing... Today, the author will use this article to answer questions related to the procuratorate that the parties or their families are concerned about and often ask.
point of order
Do prosecutors have to interrogate the parties involved during the period of arrest review?
Answer: No, it's not necessary to bring it up for review.
During the period of review and arrest, there are seven situations that must be brought up for trial: (1) those who have doubts about whether they meet the arrest conditions; （2） The suspect requests to make a statement to the procurator in person; （3） Investigation activities may involve significant illegal activities; （4） The case is significant, difficult, and complex; （5） The suspect pleads guilty to punishment; （6） The suspect is a minor; （7） The suspect is blind, deaf, mute or a mental patient who has not completely lost the ability to recognize or control his own behavior.
In addition to the seven types mentioned above, the prosecutor may make a decision to arrest or not arrest the parties without bringing them to trial.
Legal Basis:
Article 88 of the Criminal Procedure Law and Article 280 of the Criminal Procedure Rules of the People's Procuratorate
Key points:
During the period of examination and arrest, the defender shall inform the suspect to voluntarily make a statement to the prosecutor in person or the defender to the prosecutor that the suspect has the request. If the prosecutor does not bring the case up for trial, the procuratorate must serve the suspect with the Opinion of Hearing the suspect. At this time, the lawyer should tell the suspect to carefully fill in and again put forward the requirement of making a face-to-face statement to the prosecutor. The opinion is to withdraw the review and attach a file. If it is deemed necessary to interrogate after examination, the prosecutor will also come for trial.
Who will make the arrest decision?
A: The examination and approval of the arrest of suspect is decided by the Procurator General. Major cases should be submitted to the procuratorial committee for discussion and decision.
Legal Basis:
Article 89 of the Criminal Procedure Law
Key points:
In practice, the opinions of prosecutors handling cases generally play a decisive role. But if the opinion of the prosecutor is inconsistent with the opinion of the prosecutor's committee, the prosecutor should execute according to the decision of the prosecutor's committee.
Is it illegal for the prosecutor to refuse the defense counsel's request to meet and communicate with them?
Answer: Currently, the law only specifies that in cases self investigated by the procuratorate, during the investigation stage, if the lawyer presents their opinions in person, the prosecutor should listen to them. If the prosecutor listens to opinions in person, at least two people should be present, namely the presiding prosecutor or prosecutor assistant and the recorder, in a dedicated lawyer meeting room. In other cases, it is only stipulated that opinions should be heard and written opinions should be accompanied by a file, but there is no requirement to hear opinions in person.
Legal Basis:
Article 88 and Article 173 of the Criminal Procedure Law, Article 239 of the Criminal Procedure Rules of the People's Procuratorates, and Article 4 of the Ten Opinions on Safeguarding the Rights of Lawyers to Practice in accordance with the Law.
A Matter of Time
When does the public security organ request approval for arrest from the procuratorate and the procuratorate makes a decision?
Answer: Make a decision on the detained person within 7 days; A decision should be made within 15 days for individuals who have not been detained, with a maximum of 20 days.
Legal Basis:
Article 91 of the Criminal Procedure Law and Article 282 of the Criminal Procedure Rules of the People's Procuratorate
What is the time for the procuratorate to make a decision on the transfer of cases that have already been detained by the supervisory commission to the procuratorate?
Answer: The maximum duration should not exceed 14 days. The prosecutor's office should first decide on detention, and make a decision within ten days after detention. In special circumstances, the decision may be extended by one to four days. This period is not included in the review and prosecution deadline.
Legal Basis:
Article 170 of the Criminal Procedure Law
How long does the review and prosecution stage last?
Answer: The maximum duration is 6.5 months, as shown in the table below:
Legal Basis:
Article 172 and Article 175 of the Criminal Procedure Law
Key points:
After the supplementary investigation is completed and transferred to the People's Procuratorate, the People's Procuratorate shall recalculate the review and prosecution period. So the maximum time limit for this stage is 6.5 months=1.5+1+1.5+1+1.5.
Review of the Necessity of Detention
Is there a limit on the number of times to review the necessity of detention during the review and prosecution stage?
Answer: The review of the necessity of detention is the responsibility of the arrest and prosecution department of the procuratorate. If there is no new evidence in the case, no new proof materials provided by the defense, or no new reasons, the procuratorate that applies again may not conduct a further review of the necessity of detention.
Legal Basis:
Article 9 of the Regulations on the Review and Evaluation of the Necessity of Detention
Key points:
Even if there is no new evidence, having new reasons counts, so it still needs to be mentioned.
What if the defense counsel fails to mention the necessity of detention during the review and prosecution stage?
Answer: For suspect in custody who have not been examined on the necessity of custody during the stage of examination and prosecution and may be sentenced to a sentence of up to three years' imprisonment, the procuratorate must carry out a review on the necessity of custody ex officio before initiating a public prosecution. So for those who meet the above conditions, even if the defense counsel does not request a review of the necessity of detention, the procuratorate must still do so.
Legal Basis:
Article 6 of the Regulations on the Review and Evaluation of the Necessity of Detention
Key points:
If the above situation is not met, the procuratorate will not proactively conduct a review of the necessity of detention. So if the defendant is in custody, the defense counsel must review the necessity of detention at this stage, do not give up any possibility, and actively fight for the defendant.
How long does it take for the prosecutor's office to reply after receiving the application for review of the necessity of detention?
Answer: If an application or suggestion for the necessity review of detention is received during the investigation or trial stage, it should be decided within ten days; During the review and prosecution stage, a decision should be made within three days.
Legal Basis:
Article 19 of the Regulations on the Review and Evaluation of the Necessity of Detention
The issue of confession and punishment
Are the sentencing recommendations for pleading guilty and accepting punishment all fixed sentences?
Answer: No, the procuratorate should generally provide recommendations for determining the sentence and sentencing.
For new types of uncommon criminal cases, serious crimes with complex sentencing circumstances, etc., range sentencing recommendations can also be proposed, but the range of sentencing recommendations should be strictly controlled.
Legal Basis:
Article 4 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Admitting Punishment by the People's Procuratorate.
What are the sentencing recommendations for pleading guilty and accepting punishment?
Answer: Generally, it should include the type of main punishment applied, the length of the sentence, and whether probation is applicable.
Legal Basis:
Article 12 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Admitting Punishment by the People's Procuratorate.
Is it necessary to synchronize audio and video recordings when signing a plea of guilty?
Answer: It should.
When signing a confession and punishment agreement; The public procurator shall listen to the opinions of the suspect, the defendant, the defender or the lawyer on duty on matters such as sentencing suggestions, application of procedures, etc., and shall simultaneously record and video.
Legal Basis:
Article 5 of the Guiding Opinions on the Implementation of Sentencing Suggestions in Handling Cases of Admitting Guilty and Punishing by People's Procuratorates, and Article 2 of the Regulations on Simultaneous Audio and Video Recording of Opinions Received by People's Procuratorates in Handling Cases of Admitting Guilty and Punishing
Is it necessary to inform in advance of the specific sentencing recommendations for pleading guilty and accepting punishment before signing the affidavit?
Answer: Yes.
Before signing, the suspect shall be informed of his litigation rights and the legal provisions of leniency for pleading guilty, the criminal facts to be determined, the suspected charges, the circumstances of sentencing, the proposed sentencing suggestions (including the principal punishment, supplementary punishment, whether to apply probation, etc.) and the legal basis, and shall try to reach consensus through consultation.
Legal Basis:
Article 33 of the Guiding Opinions on the Application of the Leniency System for Admitting Guilty and Punishing, and Article 24 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Punishing by People's Procuratorates.
Can the defense counsel sign a confession and plead guilty with the defendant alone if they are not present? Or can you find any duty lawyer to testify?
Answer: It's not possible.
If the suspect has a defender, the defender shall be present to witness the signing of the pledge, and shall not bypass the defender to arrange a lawyer on duty to witness the signing of the pledge. If the defense counsel is unable to attend due to objective reasons, they can witness the affidavit through remote video conferencing.
Legal Basis:
Article 27 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Admitting Punishment by the People's Procuratorate.
Is it necessary to sign a commitment letter for cases of confession and punishment?
Answer: No.
(1) The suspect is blind, deaf or mute, or is a mental patient who has not completely lost the ability to recognize or control his own behavior; (2) The legal representative or defender of the minor suspect disagrees with the minor's confession and punishment; (3) In other situations where a confession statement is not required, a confession statement may not be signed.
Legal Basis:
Article 174 of the Criminal Procedure Law
Prosecution hearing issues
What is a prosecutorial hearing?
Answer: Procuratorial hearing is a case review activity that listens to the opinions of the hearing officer and other participants on issues such as factual determination, legal application, and case handling.
Legal Basis:
Article 2 of the Regulations on the Hearing Work of Case Review by People's Procuratorates
Who can attend the hearing?
Answer: In addition to the hearing officer (a qualified member of society who has no interest in the case), the participants in the hearing may include the parties to the case and their legal representatives, litigation representatives, defense counsel, third parties, relevant investigators, witnesses and appraisers, as well as other relevant personnel and people's supervisors.
Legal Basis:
Article 6 to Article 8 of the Regulations on the Hearing Work of Case Review by People's Procuratorates
Which cases can hold a hearing?
Answer: (1) If there are significant disputes or significant social impacts in the determination of facts, application of laws, and handling of cases such as the necessity review of detention, non prosecution cases, criminal appeal cases, civil litigation supervision cases, administrative litigation supervision cases, and public interest litigation cases handled by the People's Procuratorate, and it is necessary to hear the opinions of the parties and other relevant personnel in person, a hearing may be held with the approval of the Prosecutor General. (2) If the People's Procuratorate needs to verify and assess whether the suspect is socially dangerous and has the conditions for social assistance and education when handling the case of examination and arrest, it may hold a hearing.
Legal Basis:
Article 4 of the Regulations on the Hearing Work of Case Review by People's Procuratorates
Internal setting issues of the procuratorate
I always can't contact the prosecutor, can I contact the prosecutor's assistant?
Answer: It's also possible, but it's better to contact the prosecutor in person.
The responsibilities of a prosecutor's assistant include reviewing case materials, drafting legal documents, and other auxiliary prosecutorial affairs under the guidance of the prosecutor. Specifically, you can:
1. Interrogate suspect and defendants, and inquire witnesses and other litigation participants;
2. Reception of lawyers and case related personnel;
3. Collect, retrieve, and verify evidence, and assist in conducting investigation and verification work;
4. Conduct searches, seals, seizures, freezes, inspections, checks, etc;
5. Review case materials and draft legal documents;
6. Assist the prosecutor in attending court. With the approval of the prosecutor general, high-level prosecutor assistants can assist in providing evidence and cross examination, supplementing court opinions, and participating in court debates after the prosecutor speaks on major facts and legal issues;
7. Other case handling matters assigned by the prosecutor.
Legal Basis:
Article 43 of the Organic Law of the People's Procuratorates; Article 17 of the Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorate
What does a prosecutor's office clerk do?
Answer: The clerk is responsible for auxiliary prosecutorial affairs such as case records.
Under the guidance of the prosecutor, one can:
1. Transactional preparation work in case acceptance, examination, and declaration;
2. Record keeping during the case handling process;
3. Case transfer, registration, and printing and delivery of legal documents;
4. Input, storage, organization of case materials, and binding and archiving of case files;
5. Other matters assigned by the prosecutor. The prosecutor may assign a clerk to cooperate with the prosecutor's assistant in carrying out work.
Legal Basis:
Article 44 of the Organization Law of the People's Procuratorates and Item 19 of the Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorates
I heard that the case was handled by the prosecutor's case team? So, who are you listening to?
Answer: In practice, some cases are handled by a single prosecutor, while others are handled by a prosecutor's case team (composed of two or more prosecutors).
If a case is handled by the prosecutor's case handling team, the chief prosecutor shall designate a prosecutor as the lead prosecutor to organize and direct the case handling team to handle the case. Before making a decision or proposing a handling opinion, the presiding prosecutor shall organize the case handling team prosecutors to discuss or listen to the opinions of other prosecutors in the case handling team, and record the different opinions in the case.
Legal Basis:
Article 28 of the Organization Law of the People's Procuratorates and Article 2 of the Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorates
What does the Inspection Committee do?
Answer: The full name of the Procuratorial Committee is the Procuratorial Committee, which is the organization for handling cases and the decision-making body for major business work of the People's Procuratorate.
Main functions: (1) Discuss and decide on major, difficult, and complex cases; （2） Summarize the experience of prosecutorial work; （3） Discuss and decide on other major issues related to prosecutorial work. The decision of the inspection committee has legal effect.
Legal Basis:
Article 31 of the Organization Law of the People's Procuratorates and Articles 2 and 4 of the Working Rules of the Procuratorial Committee of the People's Procuratorates
The composition of the inspection committee?
Answer: The Procuratorial Committee is composed of the Chief Prosecutor, Deputy Chief Prosecutors, and several senior prosecutors. The members should be odd numbered and have dedicated members.
Legal Basis:
Article 5 of the Working Rules of the Procuratorial Committee of the People's Procuratorate
When does the inspection committee hold its meeting? How to open it?
Answer: The inspection committee implements a regular meeting system and holds regular meetings.
If necessary, meetings can be held in advance or postponed. The meeting of the inspection committee shall be attended by more than half of all members.
Legal Basis:
Article 10 of the Working Rules of the Procuratorial Committee of the People's Procuratorate
Which cases must be submitted to the prosecutor's committee for discussion and decision?
Answer: (1) Cases involving national security, major national interests, and seriously affecting social stability; (2) Cases that are proposed to be submitted to the Supreme People's Procuratorate for approval of prosecution or prosecution under the absent trial procedure: (3) major, difficult, and complex cases that are proposed to be appealed or protested; (4) Cases intended to seek approval from higher-level people's procuratorates; (5) Cases involving reconsideration of the original decision of the procuratorial committee; (6) Other major, difficult, and complex cases.
Legal Basis:
Article 8 of the Working Rules of the Procuratorial Committee of the People's Procuratorate and Item 11 of the Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorate
Which cases must be decided by the prosecutor general?
Answer: (1) Cases involving national security, national interests, social public interests, or affecting social stability; (2) Involving sensitive cases such as national defense and diplomacy; (3) Major cases of job-related crimes, crimes related to organized crime, and financial crimes; (4) Cases involving a large number of people, significant social impact, or serious harmful consequences; (5) New types of cases and cases with universal guiding significance for legal application; (6) Cases assigned by higher-level people's procuratorates, requested by lower level people's procuratorates, and requested for reconsideration and review by public security organs.
Legal Basis:
Article 13 of the Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorate
What is the Joint Prosecutors' Conference? Which cases require a prosecutor's liaison meeting?
Answer: The joint meeting system of prosecutors is an important system that concentrates prosecutors' collective consultation and research on major, difficult, complex cases and major work matters with judicial attributes, provides reference opinions for prosecutors' case teams or handling prosecutors, and internally restricts and supervises prosecutorial power to ensure the quality of case handling.
That is to say, the opinions of the Joint Conference of Prosecutors are for reference only, and the handling prosecutors should also make their own decisions. The attending prosecutors and attendees shall not bear judicial responsibility for the opinions expressed at the Joint Conference of Prosecutors.
The joint meeting of prosecutors can be composed of all prosecutors in the department or three or more prosecutors (excluding the presiding prosecutor). The head of the business department is responsible for convening and presiding over the joint meeting of prosecutors. If the handling opinion of the prosecutor is inconsistent with the opinion of the majority of prosecutors in the joint meeting of prosecutors, the head of the business department shall report the case to the chief prosecutor for decision.
The specific regulations that can be presented at the joint meeting of prosecutors include:
(1) For cases where the crime is relatively minor and the prosecutor admits guilt and punishment, and for cases where the prosecutor intends to make a decision not to approve arrest or prosecute, the decision shall be submitted to the chief prosecutor for approval. Before submitting a decision to the Chief Prosecutor, the department head may be requested to convene a joint meeting of prosecutors to study and discuss. If there is a disagreement between the handling prosecutor and the majority opinion, it shall be submitted to the department head for review and then reported to the chief prosecutor (deputy chief prosecutor in charge) for decision.
(2) Targeting new types and uncommon crimes; The case is significant, difficult, and complex; The number of suspect involved in the case is large; Sexual assault of minors; The results of handling similar or related cases are clearly inconsistent; The joint meeting of prosecutors can discuss and determine the sentencing range before organizing a hearing of opinions.
(3) When the head of the business department and the prosecutor have different opinions on handling matters, a joint meeting of prosecutors can be convened for discussion;
(4) In criminal appeal cases, if the criminal prosecution department considers the original judgment, ruling or handling decision to be correct after examination, it shall decide to close the case after discussion by the joint meeting of prosecutors.
Legal Basis:
Article 9 and Article 12 of the Supervision and Administration Measures for Handling Cases of Admitting Guilty and Punishing by People's Procuratorates; Article 21 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Admitting Punishment by the People's Procuratorate; Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorate, Items 7, 23, and 24; Article 22 of the Regulations on Handling Criminal Appeal Cases by People's Procuratorates.
point of order
Do prosecutors have to interrogate the parties involved during the period of arrest review?
Answer: No, it's not necessary to bring it up for review.
During the period of review and arrest, there are seven situations that must be brought up for trial: (1) those who have doubts about whether they meet the arrest conditions; （2） The suspect requests to make a statement to the procurator in person; （3） Investigation activities may involve significant illegal activities; （4） The case is significant, difficult, and complex; （5） The suspect pleads guilty to punishment; （6） The suspect is a minor; （7） The suspect is blind, deaf, mute or a mental patient who has not completely lost the ability to recognize or control his own behavior.
In addition to the seven types mentioned above, the prosecutor may make a decision to arrest or not arrest the parties without bringing them to trial.
Legal Basis:
Article 88 of the Criminal Procedure Law and Article 280 of the Criminal Procedure Rules of the People's Procuratorate
Key points:
During the period of examination and arrest, the defender shall inform the suspect to voluntarily make a statement to the prosecutor in person or the defender to the prosecutor that the suspect has the request. If the prosecutor does not bring the case up for trial, the procuratorate must serve the suspect with the Opinion of Hearing the suspect. At this time, the lawyer should tell the suspect to carefully fill in and again put forward the requirement of making a face-to-face statement to the prosecutor. The opinion is to withdraw the review and attach a file. If it is deemed necessary to interrogate after examination, the prosecutor will also come for trial.
Who will make the arrest decision?
A: The examination and approval of the arrest of suspect is decided by the Procurator General. Major cases should be submitted to the procuratorial committee for discussion and decision.
Legal Basis:
Article 89 of the Criminal Procedure Law
Key points:
In practice, the opinions of prosecutors handling cases generally play a decisive role. But if the opinion of the prosecutor is inconsistent with the opinion of the prosecutor's committee, the prosecutor should execute according to the decision of the prosecutor's committee.
Is it illegal for the prosecutor to refuse the defense counsel's request to meet and communicate with them?
Answer: Currently, the law only specifies that in cases self investigated by the procuratorate, during the investigation stage, if the lawyer presents their opinions in person, the prosecutor should listen to them. If the prosecutor listens to opinions in person, at least two people should be present, namely the presiding prosecutor or prosecutor assistant and the recorder, in a dedicated lawyer meeting room. In other cases, it is only stipulated that opinions should be heard and written opinions should be accompanied by a file, but there is no requirement to hear opinions in person.
Legal Basis:
Article 88 and Article 173 of the Criminal Procedure Law, Article 239 of the Criminal Procedure Rules of the People's Procuratorates, and Article 4 of the Ten Opinions on Safeguarding the Rights of Lawyers to Practice in accordance with the Law.
A Matter of Time
When does the public security organ request approval for arrest from the procuratorate and the procuratorate makes a decision?
Answer: Make a decision on the detained person within 7 days; A decision should be made within 15 days for individuals who have not been detained, with a maximum of 20 days.
Legal Basis:
Article 91 of the Criminal Procedure Law and Article 282 of the Criminal Procedure Rules of the People's Procuratorate
What is the time for the procuratorate to make a decision on the transfer of cases that have already been detained by the supervisory commission to the procuratorate?
Answer: The maximum duration should not exceed 14 days. The prosecutor's office should first decide on detention, and make a decision within ten days after detention. In special circumstances, the decision may be extended by one to four days. This period is not included in the review and prosecution deadline.
Legal Basis:
Article 170 of the Criminal Procedure Law
How long does the review and prosecution stage last?
Answer: The maximum duration is 6.5 months, as shown in the table below:
Legal Basis:
Article 172 and Article 175 of the Criminal Procedure Law
Key points:
After the supplementary investigation is completed and transferred to the People's Procuratorate, the People's Procuratorate shall recalculate the review and prosecution period. So the maximum time limit for this stage is 6.5 months=1.5+1+1.5+1+1.5.
Review of the Necessity of Detention
Is there a limit on the number of times to review the necessity of detention during the review and prosecution stage?
Answer: The review of the necessity of detention is the responsibility of the arrest and prosecution department of the procuratorate. If there is no new evidence in the case, no new proof materials provided by the defense, or no new reasons, the procuratorate that applies again may not conduct a further review of the necessity of detention.
Legal Basis:
Article 9 of the Regulations on the Review and Evaluation of the Necessity of Detention
Key points:
Even if there is no new evidence, having new reasons counts, so it still needs to be mentioned.
What if the defense counsel fails to mention the necessity of detention during the review and prosecution stage?
Answer: For suspect in custody who have not been examined on the necessity of custody during the stage of examination and prosecution and may be sentenced to a sentence of up to three years' imprisonment, the procuratorate must carry out a review on the necessity of custody ex officio before initiating a public prosecution. So for those who meet the above conditions, even if the defense counsel does not request a review of the necessity of detention, the procuratorate must still do so.
Legal Basis:
Article 6 of the Regulations on the Review and Evaluation of the Necessity of Detention
Key points:
If the above situation is not met, the procuratorate will not proactively conduct a review of the necessity of detention. So if the defendant is in custody, the defense counsel must review the necessity of detention at this stage, do not give up any possibility, and actively fight for the defendant.
How long does it take for the prosecutor's office to reply after receiving the application for review of the necessity of detention?
Answer: If an application or suggestion for the necessity review of detention is received during the investigation or trial stage, it should be decided within ten days; During the review and prosecution stage, a decision should be made within three days.
Legal Basis:
Article 19 of the Regulations on the Review and Evaluation of the Necessity of Detention
The issue of confession and punishment
Are the sentencing recommendations for pleading guilty and accepting punishment all fixed sentences?
Answer: No, the procuratorate should generally provide recommendations for determining the sentence and sentencing.
For new types of uncommon criminal cases, serious crimes with complex sentencing circumstances, etc., range sentencing recommendations can also be proposed, but the range of sentencing recommendations should be strictly controlled.
Legal Basis:
Article 4 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Admitting Punishment by the People's Procuratorate.
What are the sentencing recommendations for pleading guilty and accepting punishment?
Answer: Generally, it should include the type of main punishment applied, the length of the sentence, and whether probation is applicable.
Legal Basis:
Article 12 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Admitting Punishment by the People's Procuratorate.
Is it necessary to synchronize audio and video recordings when signing a plea of guilty?
Answer: It should.
When signing a confession and punishment agreement; The public procurator shall listen to the opinions of the suspect, the defendant, the defender or the lawyer on duty on matters such as sentencing suggestions, application of procedures, etc., and shall simultaneously record and video.
Legal Basis:
Article 5 of the Guiding Opinions on the Implementation of Sentencing Suggestions in Handling Cases of Admitting Guilty and Punishing by People's Procuratorates, and Article 2 of the Regulations on Simultaneous Audio and Video Recording of Opinions Received by People's Procuratorates in Handling Cases of Admitting Guilty and Punishing
Is it necessary to inform in advance of the specific sentencing recommendations for pleading guilty and accepting punishment before signing the affidavit?
Answer: Yes.
Before signing, the suspect shall be informed of his litigation rights and the legal provisions of leniency for pleading guilty, the criminal facts to be determined, the suspected charges, the circumstances of sentencing, the proposed sentencing suggestions (including the principal punishment, supplementary punishment, whether to apply probation, etc.) and the legal basis, and shall try to reach consensus through consultation.
Legal Basis:
Article 33 of the Guiding Opinions on the Application of the Leniency System for Admitting Guilty and Punishing, and Article 24 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Punishing by People's Procuratorates.
Can the defense counsel sign a confession and plead guilty with the defendant alone if they are not present? Or can you find any duty lawyer to testify?
Answer: It's not possible.
If the suspect has a defender, the defender shall be present to witness the signing of the pledge, and shall not bypass the defender to arrange a lawyer on duty to witness the signing of the pledge. If the defense counsel is unable to attend due to objective reasons, they can witness the affidavit through remote video conferencing.
Legal Basis:
Article 27 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Admitting Punishment by the People's Procuratorate.
Is it necessary to sign a commitment letter for cases of confession and punishment?
Answer: No.
(1) The suspect is blind, deaf or mute, or is a mental patient who has not completely lost the ability to recognize or control his own behavior; (2) The legal representative or defender of the minor suspect disagrees with the minor's confession and punishment; (3) In other situations where a confession statement is not required, a confession statement may not be signed.
Legal Basis:
Article 174 of the Criminal Procedure Law
Prosecution hearing issues
What is a prosecutorial hearing?
Answer: Procuratorial hearing is a case review activity that listens to the opinions of the hearing officer and other participants on issues such as factual determination, legal application, and case handling.
Legal Basis:
Article 2 of the Regulations on the Hearing Work of Case Review by People's Procuratorates
Who can attend the hearing?
Answer: In addition to the hearing officer (a qualified member of society who has no interest in the case), the participants in the hearing may include the parties to the case and their legal representatives, litigation representatives, defense counsel, third parties, relevant investigators, witnesses and appraisers, as well as other relevant personnel and people's supervisors.
Legal Basis:
Article 6 to Article 8 of the Regulations on the Hearing Work of Case Review by People's Procuratorates
Which cases can hold a hearing?
Answer: (1) If there are significant disputes or significant social impacts in the determination of facts, application of laws, and handling of cases such as the necessity review of detention, non prosecution cases, criminal appeal cases, civil litigation supervision cases, administrative litigation supervision cases, and public interest litigation cases handled by the People's Procuratorate, and it is necessary to hear the opinions of the parties and other relevant personnel in person, a hearing may be held with the approval of the Prosecutor General. (2) If the People's Procuratorate needs to verify and assess whether the suspect is socially dangerous and has the conditions for social assistance and education when handling the case of examination and arrest, it may hold a hearing.
Legal Basis:
Article 4 of the Regulations on the Hearing Work of Case Review by People's Procuratorates
Internal setting issues of the procuratorate
I always can't contact the prosecutor, can I contact the prosecutor's assistant?
Answer: It's also possible, but it's better to contact the prosecutor in person.
The responsibilities of a prosecutor's assistant include reviewing case materials, drafting legal documents, and other auxiliary prosecutorial affairs under the guidance of the prosecutor. Specifically, you can:
1. Interrogate suspect and defendants, and inquire witnesses and other litigation participants;
2. Reception of lawyers and case related personnel;
3. Collect, retrieve, and verify evidence, and assist in conducting investigation and verification work;
4. Conduct searches, seals, seizures, freezes, inspections, checks, etc;
5. Review case materials and draft legal documents;
6. Assist the prosecutor in attending court. With the approval of the prosecutor general, high-level prosecutor assistants can assist in providing evidence and cross examination, supplementing court opinions, and participating in court debates after the prosecutor speaks on major facts and legal issues;
7. Other case handling matters assigned by the prosecutor.
Legal Basis:
Article 43 of the Organic Law of the People's Procuratorates; Article 17 of the Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorate
What does a prosecutor's office clerk do?
Answer: The clerk is responsible for auxiliary prosecutorial affairs such as case records.
Under the guidance of the prosecutor, one can:
1. Transactional preparation work in case acceptance, examination, and declaration;
2. Record keeping during the case handling process;
3. Case transfer, registration, and printing and delivery of legal documents;
4. Input, storage, organization of case materials, and binding and archiving of case files;
5. Other matters assigned by the prosecutor. The prosecutor may assign a clerk to cooperate with the prosecutor's assistant in carrying out work.
Legal Basis:
Article 44 of the Organization Law of the People's Procuratorates and Item 19 of the Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorates
I heard that the case was handled by the prosecutor's case team? So, who are you listening to?
Answer: In practice, some cases are handled by a single prosecutor, while others are handled by a prosecutor's case team (composed of two or more prosecutors).
If a case is handled by the prosecutor's case handling team, the chief prosecutor shall designate a prosecutor as the lead prosecutor to organize and direct the case handling team to handle the case. Before making a decision or proposing a handling opinion, the presiding prosecutor shall organize the case handling team prosecutors to discuss or listen to the opinions of other prosecutors in the case handling team, and record the different opinions in the case.
Legal Basis:
Article 28 of the Organization Law of the People's Procuratorates and Article 2 of the Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorates
What does the Inspection Committee do?
Answer: The full name of the Procuratorial Committee is the Procuratorial Committee, which is the organization for handling cases and the decision-making body for major business work of the People's Procuratorate.
Main functions: (1) Discuss and decide on major, difficult, and complex cases; （2） Summarize the experience of prosecutorial work; （3） Discuss and decide on other major issues related to prosecutorial work. The decision of the inspection committee has legal effect.
Legal Basis:
Article 31 of the Organization Law of the People's Procuratorates and Articles 2 and 4 of the Working Rules of the Procuratorial Committee of the People's Procuratorates
The composition of the inspection committee?
Answer: The Procuratorial Committee is composed of the Chief Prosecutor, Deputy Chief Prosecutors, and several senior prosecutors. The members should be odd numbered and have dedicated members.
Legal Basis:
Article 5 of the Working Rules of the Procuratorial Committee of the People's Procuratorate
When does the inspection committee hold its meeting? How to open it?
Answer: The inspection committee implements a regular meeting system and holds regular meetings.
If necessary, meetings can be held in advance or postponed. The meeting of the inspection committee shall be attended by more than half of all members.
Legal Basis:
Article 10 of the Working Rules of the Procuratorial Committee of the People's Procuratorate
Which cases must be submitted to the prosecutor's committee for discussion and decision?
Answer: (1) Cases involving national security, major national interests, and seriously affecting social stability; (2) Cases that are proposed to be submitted to the Supreme People's Procuratorate for approval of prosecution or prosecution under the absent trial procedure: (3) major, difficult, and complex cases that are proposed to be appealed or protested; (4) Cases intended to seek approval from higher-level people's procuratorates; (5) Cases involving reconsideration of the original decision of the procuratorial committee; (6) Other major, difficult, and complex cases.
Legal Basis:
Article 8 of the Working Rules of the Procuratorial Committee of the People's Procuratorate and Item 11 of the Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorate
Which cases must be decided by the prosecutor general?
Answer: (1) Cases involving national security, national interests, social public interests, or affecting social stability; (2) Involving sensitive cases such as national defense and diplomacy; (3) Major cases of job-related crimes, crimes related to organized crime, and financial crimes; (4) Cases involving a large number of people, significant social impact, or serious harmful consequences; (5) New types of cases and cases with universal guiding significance for legal application; (6) Cases assigned by higher-level people's procuratorates, requested by lower level people's procuratorates, and requested for reconsideration and review by public security organs.
Legal Basis:
Article 13 of the Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorate
What is the Joint Prosecutors' Conference? Which cases require a prosecutor's liaison meeting?
Answer: The joint meeting system of prosecutors is an important system that concentrates prosecutors' collective consultation and research on major, difficult, complex cases and major work matters with judicial attributes, provides reference opinions for prosecutors' case teams or handling prosecutors, and internally restricts and supervises prosecutorial power to ensure the quality of case handling.
That is to say, the opinions of the Joint Conference of Prosecutors are for reference only, and the handling prosecutors should also make their own decisions. The attending prosecutors and attendees shall not bear judicial responsibility for the opinions expressed at the Joint Conference of Prosecutors.
The joint meeting of prosecutors can be composed of all prosecutors in the department or three or more prosecutors (excluding the presiding prosecutor). The head of the business department is responsible for convening and presiding over the joint meeting of prosecutors. If the handling opinion of the prosecutor is inconsistent with the opinion of the majority of prosecutors in the joint meeting of prosecutors, the head of the business department shall report the case to the chief prosecutor for decision.
The specific regulations that can be presented at the joint meeting of prosecutors include:
(1) For cases where the crime is relatively minor and the prosecutor admits guilt and punishment, and for cases where the prosecutor intends to make a decision not to approve arrest or prosecute, the decision shall be submitted to the chief prosecutor for approval. Before submitting a decision to the Chief Prosecutor, the department head may be requested to convene a joint meeting of prosecutors to study and discuss. If there is a disagreement between the handling prosecutor and the majority opinion, it shall be submitted to the department head for review and then reported to the chief prosecutor (deputy chief prosecutor in charge) for decision.
(2) Targeting new types and uncommon crimes; The case is significant, difficult, and complex; The number of suspect involved in the case is large; Sexual assault of minors; The results of handling similar or related cases are clearly inconsistent; The joint meeting of prosecutors can discuss and determine the sentencing range before organizing a hearing of opinions.
(3) When the head of the business department and the prosecutor have different opinions on handling matters, a joint meeting of prosecutors can be convened for discussion;
(4) In criminal appeal cases, if the criminal prosecution department considers the original judgment, ruling or handling decision to be correct after examination, it shall decide to close the case after discussion by the joint meeting of prosecutors.
Legal Basis:
Article 9 and Article 12 of the Supervision and Administration Measures for Handling Cases of Admitting Guilty and Punishing by People's Procuratorates; Article 21 of the Guiding Opinions on the Implementation of Sentencing Suggestions for Handling Cases of Admitting Guilty and Admitting Punishment by the People's Procuratorate; Several Opinions on the Comprehensive and Accurate Implementation of the Judicial Responsibility System by the People's Procuratorate, Items 7, 23, and 24; Article 22 of the Regulations on Handling Criminal Appeal Cases by People's Procuratorates.
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