"Criminal Procedure Law" class, the teacher talked about filing jurisdiction, talked about the jurisdiction, is not talked about the prosecution jurisdiction.
The prosecution jurisdiction that is simple, "the people's Procuratorate prosecution, shall be compatible with the people's court jurisdiction."That is, only to the same area procuratorate at the same level of court.
It sounds simple, but in practice many problems.
First, after a review of the procuratorate, that local courts have no jurisdiction.
In this case, prosecutors cannot sue to the local court, also does not have the authority to sue in foreign courts, more can't make the decision not to initiate a prosecution.Procuratorate shall within five days by the administrative department of cases transferred to the jurisdiction of the people's procuratorate.And has been transferred to the procuratorate to dispute shall be submitted to the common people's Procuratorate at a higher level to designate the jurisdiction, notify the public security organ for examination and prosecution and.
Two, the procuratorate after review, think that there may be sentenced to life imprisonment or death, shall have the intermediate people's Court of first instance.
That the cases of first instance under the jurisdiction of the people's court at a higher level to the level people's Procuratorate, shall submit for examination and prosecution, notify the public security organ at.
A committed several crimes, common crime and other needs and trial of cases, as long as one or a crime belongs to the people's Procuratorate at a higher level under the jurisdiction of the whole case, the higher people's Procuratorate for examination and prosecution.
Review three, provincial Procuratorate, that should be the trial of the case by the lower court.
The public security organ at the same level for examination and prosecution of cases, that fall within the jurisdiction of the people's courts at different levels, can make the lower level people's Procuratorate review, from the lower level people's Procuratorate to the people's court at the same level of prosecution, notify the public security organ for examination and prosecution and.
Four, the designated jurisdiction
The people's court at a higher level may specify an inferior people's court for jurisdiction of unknown cases, can also specify the seats if a people's court shall transfer the case to the people's court shall be under the jurisdiction of the other.This is called the designated jurisdiction.
The designated jurisdiction often occurs in the following cases.
The 1 trial court that the court of first instance judgment error, ruled that remand.The court of first instance to form a collegial panel trial, the court of second instance still think that the error in judgment.As the grass-roots court judge a limited number, re composition difficult collegiate bench.In this case, the second instance court made other lower court for retrial.
2 the defendant's special status, by the criminal courts may be caused by the higher court of injustice, making no interest relationship with the defendant in court.As Chongqing party secretary Bo Xilai crime with the intermediate people's court in Ji'nan, Chongqing City Public Security Bureau Chief Wang crime by the Chengdu City Court, Guo Weiguo and several other crimes by deputy director of Hefei City Court, are appointed by the Supreme People's court.
Beijing city Tongzhou District judges of perverting the law, Beijing City Intermediate People's court designated by the Shunyi District court.Xicheng District's Procuratorate prosecutors alleged prostitution, the superior court designated by the Haidian District court.
The designated jurisdiction is the court's trial, to which the court specified, they shall be prosecuted by the procuratorate to examine it.Crime due to the procuratorate and the suspect may be interested in, not to review the prosecution of cases.
In accordance with the provisions of the criminal procedure law should specify the jurisdiction of the people's Procuratorate shall examine, in investigation and prosecution to the people's court at the same level before the negotiation for the designation of jurisdiction related matters.