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If the review and prosecution are postponed for 15 days, will they still sue

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If the review and prosecution are postponed for 15 days, will they still sue


        

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  • 2024-06-19 20:00:50

    If the review and prosecution are postponed for 15 days, it will be prosecuted. Article 172 of the Criminal Procedure Law of China stipulates that the People's Procuratorate shall make a decision within one month on the case transferred by the public security organ for prosecution, and may extend half a month for major and complicated cases. If the jurisdiction of a People's Procuratorate over a case to be examined and prosecuted changes, the time limit for examination and prosecution shall be calculated from the date the People's Procuratorate receives the case after the change.
    In addition, Article 175 of the Criminal Procedure Law stipulates that supplementary investigation shall be completed within one month for cases with supplementary investigation, and the supplementary investigation shall be limited to two times. After the supplementary investigation is completed and transferred to the People's Procuratorate, the People's Procuratorate recalculates the time limit for examination and prosecution.
    When examining a case, the People's Procuratorate must ascertain whether the evidence is accurate and sufficient, and whether the nature of the crime and the charges are correctly determined. On the basis of ascertaining the facts of the crime and obtaining reliable and sufficient evidence, the nature of the crime and the identification of the crime should be identified properly. The nature of the crime is closely related to the crime. If only the nature of the crime is identified, but not the specific crime, the nature is difficult to determine. Because in crimes of the same nature, the law stipulates a number of crimes. It can be seen that the examination of the nature of a crime and the examination of specific charges should be carried out simultaneously.

    Legal basis

    Article 172 of the Criminal Procedure Law of the People's Republic of China, the People's Procuratorate shall make a decision within one month on a case transferred for prosecution by a supervisory organ or public security organ, and may extend 15 days for major and complex cases; If a criminal suspect pleads guilty and pleads guilty to punishment and meets the applicable conditions of the expedited adjudication procedure, he shall make a decision within 10 days. If the possible sentence of fixed-term imprisonment exceeds one year, it may be extended to 15 days.
    If the jurisdiction of a People's Procuratorate over a case to be examined and prosecuted changes, the time limit for examination and prosecution shall be calculated from the date the People's Procuratorate receives the case after the change.

    Article 175 of the Criminal Procedure Law of the People's Republic of China, when examining a case, the People's Procuratorate may request the public security organ to provide evidence necessary for court trial; If it believes that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, it may request it to explain the legality of the evidence collection.
    When examining a case, the People's Procuratorate may return it to the public security organ for supplementary investigation or conduct investigation on its own if supplementary investigation is necessary.
    The supplementary investigation of a case shall be completed within one month. Supplementary investigation is limited to twice. After the supplementary investigation is completed and transferred to the People's Procuratorate, the People's Procuratorate recalculates the time limit for examination and prosecution.
    If the People's Procuratorate still considers that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to initiate a prosecution.

    No***

    2024-06-19 20:00:50

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