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SPP and MPS jointly Issue Guiding Opinions to Strengthen and Regulate Supplementary Investigation
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Chinese
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Category:Legislative Updates
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Subject:Criminal law
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Keywords:returned supplementary investigation
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Source:Pkulaw
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Publish Date:04-09-2020
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Recently, the Supreme People's Procuratorate (‘SPP') and the Ministry of Public Security (‘MPS') issued the Guiding Opinions on Strengthening and Regulating the Supplementary Investigation (hereinafter the ‘Guiding Opinions'), effective from the date of issuance. The Guiding Opinions provide clear requirements for the further improvement of the criminal prosecution system with evidence at its core, strengthening and regulating supplementary investigation, improving the quality and efficiency of handling cases, and ensuring fair justice. In accordance with the Guiding Opinions, the people's procuratorate should first list supplementary investigation outlines in writing, which should be included in a procuratorial internal volume and an internal investigation volume respectively when conducting supplementary investigations. A returned supplementary investigation outline should include seven specific elements. The reasons for the supplementary investigation should be explained, and should include details of specific performances and problems regarding unclear facts and insufficient evidence. The direction of supplementary investigation and the purpose for which evidence is to be collected should be clarified, such as specific items that need to be added to the investigation and a list of evidence that needs to be collected. The standards and necessary elements for supplementing and improving evidence should be defined in accordance with the evidence standards for prosecution and trial. The crimes of a criminal suspect not identified in the prosecution opinion should be pointed out when such crimes are omitted. It is suggested that the omitted suspects in the same case should be under additional transfer for investigation of their criminal responsibility. Other items should also be listed.
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