The procurator-general himself is a prosecutor, and handling cases is the bounden duty of a prosecutor. The chief procurator's handling of cases is mainly manifested in organizing, directing and coordinating the handling of cases, and interrogating and examining important facts and evidence of cases.
The power of the procurator-general is divided into two categories: one is the exclusive power, which must be exercised by the procurator-general and cannot be transferred, such as "the right to avoid decision", "the right to decide, the right to approve arrest and the right to protest"; The other is other powers. The Procurator-General is the first responsible person and may authorize other prosecutors to exercise this power as appropriate.
First, the people's Procuratorate shall exercise the following functions and powers:
1. Exercising the right to investigate relevant criminal cases according to law;
2. Review criminal cases and approve or decide whether to arrest criminal suspects;
3. Review criminal cases, decide whether to initiate public prosecution, and support public prosecution for cases that decide to initiate public prosecution;
4. Bring public interest litigation according to law.
Second, the procedure of the procuratorate's examination and prosecution.
1. Examining and accepting cases transferred by investigation organs for examination and prosecution.
2. If the evidence or other materials are insufficient, supplementary materials or supplementary investigations are needed.
3. According to Article 244 of the Criminal Procedure Rules of the People's Procuratorate, the people's procuratorate shall complete the examination of the case transferred by the public security organ for examination and prosecution within seven days. The time limit for people's procuratorates to examine cases transferred by public security organs for examination and prosecution includes the time limit for people's procuratorates to examine and prosecute. For the case under review, a decision to prosecute or not to prosecute shall be made according to different circumstances.
Legal basis: Organic Law of People's Republic of China (PRC) People's Procuratorate.
Article 1 This Law is formulated in accordance with the Constitution in order to standardize the establishment, organization and functions of people's procuratorates and ensure that people's procuratorates perform their duties according to law.
Article 2 The People's Procuratorate is the legal supervision organ of the state.
People's procuratorates safeguard national security and social order, the legitimate rights and interests of individuals and organizations, national interests and social public interests, the correct implementation of laws, social fairness and justice, the unity, dignity and authority of the national legal system, and the smooth progress of Socialism with Chinese characteristics's construction.
Article 3 The People's Procuratorate shall be established in accordance with the Constitution, laws and decisions of the NPC Standing Committee.