3.31.2008

Organic regulation on procuratorial committees promulgated

The revised version of the organic regulation on procuratorial committees went into force today. The former regulation was issued back in 1980.

Composition

Procuratorial committees are composed by the head prosecutors, deputy prosecutors, personnel specially appointed as members of the procuratorial committee, and the head of sections of the procuracy. The procuratorial committee of the SPP has 17 to 25 members. Committees of higher people's procuratorates have 13 to 21 members, those of intermediate procuratorates have 11 to 19 members, and procuratorates at the grassroots level form committees composed by 7 to 15 people.

Functions

Procuratorial committees:
  • Discuss and make decisions on "big and important cases, dubious cases and difficult cases" 定重大、疑难、复杂案件
  • Deliberate 审议 and decide 决定 upon laws and policies related to procuratorial work, and "other important matters decided by the same level people's congresses and their standing committees"
  • Examine and approve annual work reports, special reports and motions 议案
  • The SPP procuratorial committee furthermore examines and approves procuratorial interpretations, regulations 条例, rules 规定、规则, and measures 办法
  • Procuratorial committees in HPP examine and approve normative documents
  • Examine and approve cases submitted for consideration by lower-level procuratorates
  • 50% of the members of the committee need to be present at the meetings. Decisions are taken by the absolute majority of the members. The chairman of the procuratorial committee enjoys the right to abstain from voting.

Decisions made by procuratorial committees are legally binding 有法律效力.

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