Current location - Quotes Website - Personality signature - The difference between public prosecution opinion and indictment
The difference between public prosecution opinion and indictment
The public prosecution opinion is a statement that the state prosecutor exposes and accuses the defendant in court during the trial of criminal cases. Now it's called a public prosecution opinion, which is a public prosecution word in the past. On the basis of the people's procuratorate's prosecution of the criminal defendant, the public prosecution opinion fully exposes the criminal behavior of the defendant, confirms the criminal behavior of the defendant, analyzes the nature, consequences and harm to society of the criminal behavior, and expounds why the defendant should be investigated for criminal responsibility. Indictment refers to the legal document that the procuratorial organ sues the criminal defendant and requests the court to make a substantive trial of the criminal defendant. The formal statement that the prosecution and procuratorial organs shall investigate the defendant's criminal responsibility, the legal basis of the court's trial activities, and the basic materials for the defendant to prepare for the trial and defense.

1. What are the provisions for supplementary investigation?

1. When examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, he may be required to explain the legality of collecting evidence.

2. When the people's procuratorate examines a case and needs supplementary investigation, it may return it to the public security organ for supplementary investigation or conduct investigation on its own.

3. Supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.

Secondly, review the content of the prosecution.

1. Whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;

2. Whether there are any omission crimes and other persons who should be investigated for criminal responsibility;

3 Whether it belongs to criminal responsibility.

Legal basis: Article 176th of the Criminal Procedure Law of People's Republic of China (PRC). If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute, bring a public prosecution to the people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.