stigated, the
case shall be dismissed; if the criminal suspect is under arrest, he
shall be released immediately and issued a release certificate, and the
People's Procuratorate which originally approved the arrest shall be
notified.
SECTION 10 INVESTIGATION OF CASES DIRECTLY ACCEPTED BY THE PEOPLE'S
PROCURATORATES
Article 131 Investigation of cases directly accepted by the People's
Procuratorates shall be governed by the provisions of this Chapter.
Article 132 If a case directly accepted by a People's Procuratorate
conforms with the conditions provided in Article 60 and in sub-paragraph
(4) or sub-paragraph (5) of Article 61 of this Law, thus arrest or
detention of the criminal suspect is necessitated, the decision thereon
shall be made by the People's Procuratorate and executed by a public
security organ.
Article 133 A detainee in a case directly accepted by a People's
Procuratorate shall be interrogated within 24 hours after the detention.
If it is found that the person should not have been detained, he must be
released immediately and issued a release certificate. If an arrest is
necessitated but the evidence is insufficient, the detainee may be
allowed to obtain a guarantor pending trial or be subjected to
residential surveillance.
Article 134 If a People's Procuratorate deems it necessary to arrest a
detainee in a case directly accepted by it, it shall make a decision
thereon within 10 days after the detention. Under special circumstances,
the time limit for deciding on an arrest may be extended by one to four
days. If arrest is unnecessary, the detainee shall be released
immediately; if the case requires further investigation and the detainee
meets the conditions for obtaining a guarantor pending trial or for
residential surveillance, he shall be allowed to obtain a guarantor
pending trial or be subjected to residential surveillance according to
law.
Article 135 After a People's Procuratorate has concluded its
investigation of a case, it shall make a decision to initiate public
prosecution, not to initiate a prosecution or to dismiss the case.
CHAPTER III INITIATION OF PUBLIC PROSECUTION
Article 136 All cases requiring initiation of a public prosecution shall
be examined for decision by the People's Procuratorates.
Article 137 In examining a case, a People's Procuratorate shall
ascertain:
(1) whether the facts and circumstances of the crime are clear, whether
the evidence is reliable and sufficient and whether the charge and the
nature of the crime has been correctly determined;
(2) whether there are any crimes that have been omitted or other persons
whose criminal responsibility should be investigated;
(3) whether it is a case in which criminal responsibilit上一页 [1] [2] [3] [4] [5] [6] [7] 下一页
|
