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How should we deal with the case that the procuratorate has suspended the investigation?

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How should we deal with the case that the procuratorate has suspended the investigation?


        

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  • 2024-06-12 17:00:53

    How should we deal with the case that the procuratorate has suspended the investigation?
    According to Article 237 of the Rules of Criminal Procedure of the People's Procuratorate, if one of the following circumstances is found during the investigation, the procurator shall write a written opinion on the cancellation of the case, which shall be submitted to the chief procurator or the procuratorial committee for decision on the cancellation of the case after being reviewed by the head of the investigation department: (1) One of the circumstances specified in Article 15 of the Criminal Procedure Law exists; (2) There are no criminal facts, or they are not criminally responsible and not a crime according to the Criminal Law; (3) Although there are criminal facts, they are not committed by the criminal suspect. For a case of joint crime, if there is a criminal suspect who meets the conditions specified in this article, the registration of the criminal suspect shall be withdrawn. Article 238 The decision to dismiss a case shall be served on the unit to which the criminal suspect belongs and the criminal suspect respectively. If the criminal suspect dies, it shall be delivered to the unit to which the criminal suspect belongs. If the criminal suspect is in custody, a notice of decision on release shall be made and the public security organ shall be notified to release him according to law. Article 239 When a People's Procuratorate cancels a case, it shall deal with the illegal gains of a criminal suspect according to different circumstances: (1) If the case is cancelled due to the death of the criminal suspect, if the frozen deposits and remittances of the criminal suspect should be confiscated or returned to the victim, it may apply to the People's Court for a ruling, Notify the freezing organ to turn over to the state treasury or return to the victim; If the case is dismissed for other reasons, the freezing organ shall be notified directly to turn it over to the state treasury or return it to the victim. (2) If the illegal gains of a criminal suspect detained in a People's Procuratorate need to be confiscated, a procuratorial proposal shall be made and the suspect shall be transferred to the relevant competent authority for handling; If it is necessary to return the victim, it shall directly decide to return the victim. Article 240 If a joint criminal case directly filed for investigation by the People's Procuratorate is at large, but the criminal facts of the criminal suspect on record are clear, the evidence is reliable and sufficient, the criminal suspect in the case shall be transferred for examination and prosecution or transferred for examination and non prosecution in accordance with the provisions of Article 234 of these Rules. If the fact of the crime of the criminal suspect on record cannot be investigated because the criminal suspect in the same case is at large, the criminal suspect on record shall, according to the different circumstances of the case, apply to extend the investigation detention period, change the compulsory measures or remove the compulsory measures. Article 241 In the course of investigation, if a criminal suspect absconds for a long time and is still unable to be arrested after taking effective measures to pursue him, or if the criminal suspect is mentally ill or suffering from other serious diseases and is unable to be interrogated and loses his ability to act in litigation, the investigation shall be suspended by decision of the chief procurator. After the reasons and conditions for suspending the investigation disappear, the investigation shall be resumed upon the decision of the Procurator General. During the suspension of investigation, if the criminal suspect is in custody, the period of investigation custody shall be extended according to law if the conditions for extending the period of investigation custody are met; If the period of custody for investigation expires, it shall be changed into a measure of obtaining a guarantor pending trial or residential surveillance according to law. Article 242 If the People's Procuratorate directly files a case for investigation and does not take measures to obtain a guarantor pending trial, place the criminal suspect under residential surveillance, detain him or arrest him, the investigation department shall, within two years after the filing of the case, put forward opinions on the transfer of the case for examination and prosecution, the transfer of the case for examination and non prosecution, or the withdrawal of the case; If a criminal suspect is taken to obtain a guarantor pending trial, be placed under residential surveillance, be detained or arrested, the investigation department shall, within one year after the removal or revocation of the compulsory measures, put forward the opinion of transferring the criminal suspect for examination and prosecution, transferring the criminal suspect for examination and not prosecuting, or revoking the case. Article 243 A case directly placed on file for investigation by a People's Procuratorate may be re placed on file for investigation if, after the case is dismissed, new facts or evidence are discovered and the People's Procuratorate believes that there are facts of a crime that warrant investigation of criminal responsibility. This is the relevant law about your problem.

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