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12.11.2007

Supreme People´s Procuratorate Opinion on the direct handling of cases by chief and deputy chief prosecutors

Title in Chinese: 关于各级人民检察院检察长、副检察长直接办理案件的意见

To this date, the full text of this opinion does not seem to be available yet, but its content is described in this article.

Head prosecutors and deputy prosecutors at each level can directly handle investigation, arrest approval, pre-trial examination, trial supervision and appeal in the following cases involving public officials:

  1. cases that have caused major repercussions on a locality
  2. dubious and difficult cases
  3. cases involving new crimes
  4. cases that may bring new developments to judicial supervision
  5. other important and big cases that should be handled directly be head prosecutors and deputy prosecutors

In all of these cases the head prosecutor or his deputy will question the main suspects and witnesses, take charge of the investigation and direct arrest approval and pre-trial examination. More importantly, the head prosecutor has now been vested with the power to draft an opinion on how to handle the case (案件处理意见, anjian chuli yijian). The drafting of this opinion will be based on an examination of the "case file and other" (阅卷审查等, yuejuan shencha deng).