Case Concerning Investigation Supervision on Correcting the Omission of Co-Suspects of Intentional Injury of Zeng X Jia and Others
(SPP Guiding Case No. 217)
Key words
Supervision of investigation during the second instance; Correct the omission of co-suspects; handling a case separately; Explanatory notes
Summary
In handling criminal cases, the people's procuratorates shall perform their duty of supervising investigation throughout the entire proceeding, including the stages of investigation, approval of arrest, prosecution, first instance, and second instance. The people's procuratorates shall strengthen their examination and supervision of the public security organs' practice of "handling a case separately", and make corresponding decisions based on the specific circumstances. When clues show that criminal suspects at large who are subject to "handing a case separately" are found, the people's procuratorates shall promptly transfer such clues and urge the public security organs to apprehend the criminal suspects and ascertain the facts of the case. Evidence used to establish the facts of the case shall be collected and preserved in accordance with the law, and explanatory notes shall not be used as substitutes for evidence. Upon review, if the people's procuratorate discovers that a public security organ has used explanatory notes in place of evidence, it shall supervise the public security organ to promptly re-collect and preserve the evidence in accordance with the law.
Relevant provisions
Articles 25 and 234 of the Criminal Law of the People's Republic of China
Articles 234 and 236 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Articles 342, 448, 449, 551, 552, and 567 of the Rules of Criminal Procedure for the People's Procuratorates (Rev. 2019)
Articles 3, 5, 6, 10, 12, and 14 of the Guiding Opinions of the Supreme People's Procuratorate and the Ministry of Public Security on Regulating the Application of "Handling a Case Separately" in Respect of Criminal Cases (No. 1 (2014) of the Supreme People's Procuratorate, effective as of March 6, 2014)
Articles 6, 7, 8, 10, and 13 of the Guiding Opinions on Strengthening and Regulating Supplementary Investigation of the Supreme People's Procuratorate and the Ministry of Public Security (No. 6 (2020) of the Supreme People's Procuratorate, effective as of March 27, 2020)
