Legal subjectivity:
If it is difficult to write an oral complaint, the receptionist should make a transcript and have it signed or stamped by the complainant. After receiving a criminal complaint, the People's Procuratorate should fill in the "Criminal Complaint Handling Registration Form" and promptly review the complaint materials and handle them separately: (1) For criminal complaints that do not fall under the jurisdiction of this court, they should be transferred to the competent authority within three days. The people's procuratorate or relevant departments with jurisdiction shall handle it and notify the complainant; (2) For criminal complaints that are deemed to need to be filed for review, the person in charge shall prepare a "Criminal Complaint Request for Filing for Review Report" and submit it to the department head and the chief prosecutor for review and approval (3) For criminal complaints that do not need to be filed for review, a "Notice of Non-Filing of Criminal Complaint for Review" should be produced, and upon approval by the department head, the complainant should be notified within ten days. The review of criminal complaint cases by the People's Procuratorate must be conducted by more than two prosecutors. For criminal complaints that are decided to be filed for review, the complaint materials and case files should be comprehensively reviewed, and a "review record" should be produced. The reexamination should be conducted from the following six aspects: 1. Whether the complainant has presented new facts or evidence that can change the original outcome of the case; 2. Whether the facts originally identified are clear and whether the evidence is reliable and sufficient; 3. Are there any criminal facts that should be identified in the original case? There are no omissions; 4. Whether the applicable law is correct; 5. Whether the punishment is appropriate; 6. Whether there is any violation of jurisdiction over the case and other serious violations of litigation procedures. If upon review it is determined that the facts of the original case are unclear and the evidence is insufficient, an investigation plan should be drawn up and a supplementary investigation should be conducted. When investigating and collecting evidence, the defendant, victim and witness in the original case may be questioned, and a "Criminal Complaint Review Transcript" may be produced, which shall be signed or sealed by the person under investigation after it is confirmed to be correct. When reviewing a criminal complaint case, the inquest, examination, transcripts and appraisal conclusions of crime-related places, objects, human bodies, corpses, etc. may be reviewed, and appraisal or supplementary appraisal of specialized issues may also be conducted. When the review of a criminal complaint case is completed, the person in charge should prepare a "Criminal Complaint Review Final Report". The closing criteria are: 1. The originally identified facts, evidence, and applicable laws have been clearly reviewed; 2. The new facts and information raised by the complainant have been reviewed clearly. The evidence has been clearly investigated; 3. Necessary supplementary investigations have been made on issues such as unclear facts and insufficient evidence; 4. Conclusive opinions on reexamination have been put forward. The People's Procuratorate's criminal complaint cases that have been concluded by review shall be subject to collective discussion by the competent business departments and reported to the head of the competent department and the chief prosecutor for review and approval or submitted to the procuratorial committee for discussion and decision-making on review. If upon review it is deemed that the original decision, judgment or ruling is correct, it shall be upheld. If any of the following circumstances occurs, rectification or protest shall be made in accordance with the law: 1. The facts are unclear, and the evidence is unreliable and insufficient; 2. The main criminal facts identified are wrong; 3. The characterization is wrong; 4. The handling decision or sentencing is inappropriate. Abnormally light and abnormally heavy. If the People's Procuratorate does not need to file a protest after review of a legally effective criminal judgment or ruling by the People's Court, it shall prepare a "Criminal Complaint Case Review Notice" and notify the complainant, the original defendant and the relevant departments within ten days. As a source of materials for initiating trial supervision procedures, complaints in criminal cases are the most frequent and important source of materials for initiating trial supervision procedures. They are also an important way for judicial organs to discover erroneous judgments. Therefore, it is a very business-oriented litigation, and it is best for the complainant to hire a lawyer to represent him, so that he can get twice the result with half the effort and achieve good results. Legal objectivity:
Article 176 of the "Criminal Procedure Law of the People's Republic of China" The People's Procuratorate believes that the criminal facts of the suspect have been ascertained and the evidence is reliable and sufficient and should be investigated in accordance with the law. For criminal liability, a decision should be made to prosecute, a public prosecution should be filed with the People's Court in accordance with the provisions of trial jurisdiction, and the case file materials and evidence should be transferred to the People's Court. If a criminal suspect pleads guilty and accepts punishment, the People's Procuratorate shall make sentencing recommendations on the main punishment, additional punishments, whether suspended sentences are applicable, etc., and transfer materials such as a confession of guilt and punishment along with the case. Article 177 of the Criminal Procedure Law of the People's Republic of China: If the criminal suspect has no criminal facts, or has one of the circumstances stipulated in Article 16 of this Law, the People's Procuratorate shall make a decision not to prosecute. If the crime is minor and does not require a penalty or exemption from penalty in accordance with the criminal law, the People's Procuratorate may decide not to prosecute.