Study on the Connection Mechanism of Supervision,Transfer and Examination of Duty Crimes——Based on the Third Paragraph of Article 47 of Supervision Law
The transfer and review system is the key node of the transition from investigation procedure to judicial procedure in duty crimes.On-ly the smooth connection between supervision and inspection in transfer and review procedure can ensure the smooth progress of handling the whole duty crimes.The third paragraph of Article 47 of the Supervision Law stipulates that the procuratorial organ may return to the system of supplementary investigation and self-supplementary investigation,but the provisions are not sufficiently clear.It is not clear under what circumstances the procurato-rial organ may return to the system of supplementary investigation,and it is not clear what is necessary and how to operate independent supplementary investigation.Therefore,in the process of building system must protect human rights as the basic idea to implement,clarify the applicable conditions for returning to supplementary investigation and self-supplementary investigation,the standard issue will be subject to the criminal procedure law,procuratorial organs should make good use of to return to supplement investigation and to supplement the indictment against the supervisory organ of duty crime investigation activities.
the connection between supervision and procuratorialtransfer and reviewreturn to supplementary investigationindependent sup-plementary investigation
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