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Whether the Traffic Accident Procuratorate is prosecuting

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Whether the Traffic Accident Procuratorate is prosecuting


        

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  • 2024-06-07 03:00:04

    China's criminal law is divided into public prosecution and private prosecution cases. As a public prosecution case, traffic accident crime needs to go through three organs and three stages, namely the investigation stage of the public security organ, the review and prosecution stage of the procuratorate, and the trial stage of the court.

    China's laws stipulate that all cases requiring public prosecution shall be reviewed and decided by the People's Procuratorate.

    If the People's Procuratorate believes that the criminal facts of the criminal suspect have been found out, the evidence is reliable and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute, file a public prosecution with the People's Court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the People's Court.

    [Legal Basis]

    Article 169 of the Criminal Procedure Law states that all cases requiring public prosecution shall be examined and decided by the People's Procuratorate.

    Article 176 If a people's procuratorate considers that the facts of a criminal suspect's crime have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute, initiate a public prosecution in a people's court in accordance with the provisions of judicial jurisdiction, and transfer the case file and evidence to the people's court.

    If a criminal suspect pleads guilty and pleads guilty to punishment, the People's Procuratorate shall put forward sentencing suggestions on the principal punishment, supplementary punishment, whether to apply probation, etc., and transfer materials such as the statement of guilty and pleading guilty to punishment with the case.

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