[Inscription Network Collection-71] "Support for Criminal Anti-Comment" should be cited which laws

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[Inscription Network Collection-71] "Support for Criminal Anti-Comment" should be cited which laws

2022-01-16 18:03:57 58 ℃

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"Support Criminal Anti-Comment"

Which law should be referenced by criminal procedure?

Consultation category: Legal Policy

Consultant: Hebei Provincial Procuratorate Li Suying

Consultation content: According to the "People's Procuratorate's Criminal Procedure Legal Paper Format Sample (2020 Edition)", "Support Criminal Anti-Complaints" should be cited Article 232 of the Criminal Procedure Law, which stipulates that the way to file a case and withdraw the antitopence content, and Support for anticipation does not matter. In the past 2013 version of the document sample is Article 235 of the Criminal Procedure Law, the main provisions of the top-level procuratorial organs are the basis for the appearance and wording of the superiors, and is also the basis for supporting the investigation. In the judicial practice, some people cited Article 236 of the Criminal Procedure Law (requiring the second instance court to perform separately on different situations) and requiring the second instance court to correct. Which is more accurate? What is the reason why the document sample is this reference?

Supreme Expert Group Answers: We believe that for the lower-level procuratorate to the first judgment, the first trial, the last level of the procuratorate believes that the protest is correct, and it should be supported by issuing the "Support Criminal Anti-Comment". Although the criminal procedure law has not clearly stated, it belongs to Article 232. Article 232 of the Criminal Procedure Status: "The people's procuratorates at all levels on the first trial of the people's courts, the ruling of the people's court shall be proposed to propose an anticipation book through the People's Court of the Original Review, and copy the Anti-Leveling People's Procuratorate. The people's court shall transfer the protests to the book, and the evidence is transferred to the first-level people's court, and the copy of the antibody will be sent to the parties. " "From the first paragraph of this article, the local procuratorates have protected the first judgment and ruling, and the Anti-Agency should be copied to the first-level procuratorate. As can be seen from the second paragraph of this article, if the superior procuratorate believes that it is not properly protected, you can withdraw the appeal to the court. At the same time, it can be reasonably derived from this provision. If the superior procuratorate is considered to be correct, it should be supported to the affinity court. Wang Ai Li (the Director of the People's Republic of China, the Director of the National People's Congress Standing Committee), edited by the People's Republic of China, also learned about this problem: "According to this provisions, the upper people's procuratorate received the copy of the people's procuratorate of the next level. After the Anti-Quest, it should generally be carefully reviewed before the second instance of the people's court. If you think that you think is wrong, you can withdraw the antipyretics to the people's courts, and inform the underdext; According to this, Article 589 of the Criminal Procedure Rules of the People's Procuratorate stipulates: "The last level of the people's procuratorate puts forward a case of appeal in accordance with the second trial proceedings in accordance with the second trial proceedings, and should support the protest." Further, in the process of revising the legal documents, the legal basis of "Supporting Criminal Anti-Comment" was revised as Article 232 of the Criminal Procedure Law. About the consultation Articles 235 and 236, the former is the provisions of the superior procuratorate to appear in court and the scriptures, the latter is about the provisions of the second instance court to make a judgment, the rule is not the superior procuratorate pre-trial. The court expressed the basis for supporting anticipation.