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How long should the supplementary investigation be completed for the case returned to the public security organ for supplementary investigation

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How long should the supplementary investigation be completed for the case returned to the public security organ for supplementary investigation


        

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  • 2024-05-26 14:01:18

    For cases returned to the public security organ for supplementary investigation, the supplementary investigation shall be completed within one month;

    The time limit for the People's Procuratorate to examine and prosecute a case shall be recalculated from the date when the supplementary investigation of the case is completed and the case is transferred for prosecution. If the People's Procuratorate decides to investigate on its own in the course of examination and prosecution, the investigation shall be completed within the time limit for examination and prosecution.

    [Legal Basis]

    In 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.

    X***

    2024-05-26 14:01:18

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