(1) The People's Procuratorate is the legal supervision organ of the state and exercises the following functions and powers according to law:
1. exercise procuratorial power over serious criminal cases of treason, secession and serious violation of the unified implementation of state policies, laws and decrees.
2, for the direct acceptance of the national staff to use their powers to commit crimes, should be investigated and dealt with according to law.
3. Review cases investigated by public security organs, state security organs and other investigation organs, and decide whether to arrest or prosecute. Supervise the legality of investigation activities of investigation organs.
4. Prosecute criminal cases and support public prosecution; Supervise whether the criminal judgments and rulings of the people's courts are correct and whether the judicial activities are legal.
5, the prison, detention center and other enforcement agencies to carry out criminal activities of legal supervision.
6. To exercise legal supervision over the civil trial activities of the people's courts, and lodge a protest if it is found that the effective judgments and rulings of the people's courts violate the law.
7. To exercise legal supervision over administrative litigation. If it is found that the effective judgment or ruling of the people's court violates laws and regulations, it shall lodge a protest according to law.
(2) The people's procuratorate shall set up internal organs in accordance with the law and the division of business, and undertake the business of investigation, examination and arrest, examination and prosecution, etc.
1, prosecution department, report center.
Accept and accept reports, complaints and reports, and accept criminals' surrender; Accepting appeals against decisions of people's procuratorates on disapproval of arrest, non-prosecution and dismissal of cases; Accepting appeals against legally effective criminal judgments and rulings of the people's courts; Accepting criminal compensation cases in which people's procuratorates have the obligation to pay compensation.
2. Anti-corruption and Bribery Department
To undertake the filing and investigation of duty crimes such as corruption, bribery and misappropriation of public funds by state staff.
3, dereliction of duty infringement procuratorial department
To undertake the investigation of crimes of dereliction of duty committed by state functionaries and crimes such as illegal detention, extorting confessions by torture, retaliation and framing, illegal search, violent evidence collection and sabotage of elections committed by state functionaries by taking advantage of their powers.
4, review the arrest department
To undertake the examination and decision of cases submitted by public security organs, state security organs and investigation departments of people's procuratorates for approval of arrest, to examine and decide whether to extend the period of investigation and detention of cases submitted by public security organs, state security organs and investigation departments of people's procuratorates, and to supervise whether the public security organs should file a case instead of filing a case for investigation and whether the investigation activities are legal.
5, review the prosecution department
To examine and decide whether to prosecute cases transferred by public security organs, state security organs and investigation departments of people's procuratorates, to appear in court to support public prosecution, to supervise the trial activities of people's courts, and to lodge protests against criminal judgments and rulings that are indeed wrong.
6. Prison procuratorial department
Undertake the supervision of the execution of criminal judgments and rulings, directly file a case to investigate the crime of ill-treatment and release detainees without permission. Dereliction of duty leads to prison break and suicide fraud, such as commutation, parole, temporary execution of crimes outside prison, review, arrest and prosecution of criminals and reeducation-through-labor personnel outside prison.
7. Civil administrative procuratorial department
To undertake the legally effective civil and administrative judgments and rulings of the people's courts, and to lodge a protest in accordance with the law if errors or violations of legal procedures are found, which may affect the correct judgment and ruling of the case.
8. Procuratorial technical department
To undertake the on-site inspection of relevant cases, collect, fix and extract trace material evidence related to the case and make scientific appraisal, and review or appraise the evidence related to technical problems in cases handled by relevant business departments.
9, discipline inspection and supervision departments
Accepting reports and complaints from the masses and all walks of life on illegal handling of cases, ultra vires handling of cases, extorting confessions by torture, accepting bribes and other issues. And investigate and deal with them.