[Direct answer]In the Beijing area, the transfer of a case to the procuratorate for review and prosecution signifies the conclusion of the investigation stage and the entry of the case into the phase where the procurator reviews whether to initiate public prosecution, which is a crucial juncture in criminal litigation. According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the procuratorate shall make a decision within one month, and the time limit may be extended by 15 days for major and complex cases; where the suspect pleads guilty and accepts the punishment, and meets the conditions for fast-track trial, the decision shall generally be made within 10 days, and the time limit may be extended to 15 days for cases involving a possible sentence of more than one year's imprisonment. During this stage, the procuratorate will interrogate the suspect, hear the opinions of the defense attorney and the victim, and may return the case to the public security organ for supplementary investigation (up to two times, each for one month). The outcomes may be prosecution, non-prosecution, or conditional non-prosecution. It is recommended that the parties and lawyers grasp the opportunity to review the case files and submit defense opinions. For more details, please refer to the following link:Special services and other case services.

I. Problem Background and Typical Scenarios

The transfer of a case from the public security organ to the procuratorate marks a watershed moment in the understanding of many parties involved and their families. Typical scenarios include: after the suspect is detained, the family has been waiting for news, only to suddenly receive a notice that the case has been transferred to the procuratorate; at this point, the lawyer conducts a comprehensive review of the case file for the first time, gaining a full understanding of the evidence against the suspect; the defendant faces the choice of whether to plead guilty and accept the punishment, or to sign a confession of guilt; and the case may be returned for supplementary investigation due to insufficient evidence, leading to a turnaround or delay. Many families mistakenly believe that the transfer of a case to the procuratorate means that the defendant will be sentenced to prison, but in fact, the procuratorate has the discretionary power to decide whether to prosecute, and there are indeed situations where prosecution is not pursued. For defense strategies, this can be combined with the following considerations:Criminal defense and criminal case filing servicesSeize the opportunity.

II. Key points of contention

There are three main points of contention in the review and prosecution stage. Firstly, whether the facts and evidence meet the prosecution standards: if the evidence is insufficient or the facts are unclear, the procuratorate may return the case for further investigation or make a decision not to prosecute. Secondly, the choice between pleading guilty and accepting the punishment: signing a plea agreement can lead to a lighter sentence, but it means acknowledging the charges, so the pros and cons need to be weighed. Thirdly, the charges and sentencing recommendations: the charges and sentencing recommendations proposed by the procuratorate directly affect the direction of the trial. If the rights and interests of the victims are involved, they can be referred to for reference.Personal injury and medical dispute servicesThe general approach to representing criminal victims in cases other than those mentioned above.

III. Professional analysis by Hengluo Law Firm

Based on practical observations in handling criminal cases, the review and prosecution stage is one of the golden periods for defense. According to Article 175 of the Criminal Procedure Law (amended on October 26, 2018), the procuratorate may return the case to the public security organ for supplementary investigation, with a maximum of two times, each lasting one month; if the case is still not clarified after the supplementary investigation, the procuratorate shall make a decision not to prosecute. Hengluo Lawyers usually review the case files at this stage first, compare the evidence in the case with the accusation logic, and submit defense opinions against illegal evidence, factual gaps, and determination of circumstances, in order to strive for non-prosecution, light crime determination, or lenient sentencing. For cases involving guilty plea and sentencing, we will help clients understand the consequences of signing the plea agreement to avoid signing it hastily. For cases involving the dilemma of supplementary investigation, we can provide follow-up services.Criminal defense and criminal case filing servicesAdvance.

IV. Practical suggestions and legal basis

The legal basis is Article 172 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) (Time limit for review and prosecution: generally one month, and extended by 15 days for major and complex cases; 10 days for plea bargaining for a fixed-term imprisonment of more than one year, and extended to 15 days); Article 173 (Interrogation of suspects and hearing the opinions of defense attorneys and victims); Article 175 (Returning for supplementary investigation is limited to two times, each for one month); and the provisions on non-prosecution. Practical suggestions: After the case arrives at the procuratorate, immediately appoint or confirm a lawyer, review the case file and submit defense opinions as soon as possible; carefully evaluate the advantages and disadvantages of plea bargaining and the consequences of signing the statement of acknowledgment; actively advocate for non-prosecution when the evidence is insufficient; and pay attention to the dynamics and time limits of supplementary investigation. For cases involving different stages, it can be combined with the above suggestions.Special services and other case servicesCoordinate the pace of the defense.

5. Henglu Law Firm's Advice

The transfer of the case to the procuratorate is a window of opportunity to strive for a favorable outcome, rather than a preliminary announcement of the sentence. The first step is to review the case file as soon as possible to grasp the full picture of the evidence in the case; the second step is to submit defense opinions based on the gaps in facts and evidence, striving for non-prosecution or a light crime determination; the third step is to treat the plea of guilty and acceptance of the punishment with caution, understanding the legal consequences of the written guarantee before signing it; the fourth step is to pay attention to the deadlines for returning the case for supplementary investigation and review, to prevent the process from stagnating. Do not mistakenly believe that everything is settled once the case is transferred to the procuratorate, nor should you wait passively. If you need professional intervention, you can seek help from a lawyer.Special services and other case servicesMake an effort at critical junctures.

VI. Frequently Asked Questions

Q1: If a case is referred to the procuratorate, does it necessarily mean that the person involved will be prosecuted and sentenced to prison?

That's not the case. Transferring the case for review and prosecution only means that the investigation has ended and entered the stage of prosecutorial review. The procuratorate has the discretionary power to decide whether to prosecute or not in accordance with the law. According to the Criminal Procedure Law, for cases with minor criminal circumstances that do not require sentencing or exemption from punishment according to the Criminal Law, a decision not to prosecute may be made; if the evidence is insufficient and still does not meet the conditions for prosecution after a second supplementary investigation, a decision not to prosecute should be made. Therefore, going to the procuratorate does not mean that the defendant will be sentenced to prison. The parties involved and their lawyers should seize this stage to strive for a decision not to prosecute or a favorable characterization through reviewing the case files and presenting defense opinions, rather than passively accepting the situation.

Q2: During the review and prosecution stage, what can lawyers and family members do?

The core actions at this stage are reviewing the case file and communicating with relevant parties. Lawyers can review, excerpt, and copy case file materials to gain a comprehensive understanding of the evidence supporting the charges; meet with the suspect to verify the facts; submit defense opinions to the procuratorate, such as requesting non-prosecution, reducing the charge, or excluding illegal evidence; participate in plea bargaining and provide professional judgment on whether to sign a written confession. Family members can assist by providing materials favorable to the client (such as voluntary surrender, meritorious service, or clues to reaching a settlement), maintain communication with the lawyer, but should avoid interfering with the judicial process or colluding with the suspect. It is recommended to confirm the lawyer's involvement as early as possible and complete effective defense preparations before a decision is made.

Q3: What does it mean if the procuratorate sends a case back for supplementary investigation, and how long will it take?

The return for supplementary investigation means that the procuratorate believes that the existing evidence or facts have not yet met the prosecution standards, and the case will be returned to the public security organ for further evidence collection. According to Article 175 of the Criminal Procedure Law, the return for supplementary investigation shall be limited to two times, with each period being one month. After the supplementary investigation is completed and the case is transferred, the procuratorate will recalculate the review period. The return for supplementary investigation may either be a turning point in the case (if the evidence is still insufficient, the case will not be prosecuted), or it may simply be to refine the charges. The parties involved and their lawyers should pay attention to the return for supplementary investigation, prepare defenses accordingly, and also note that the overall cycle will be extended, so they should have a clear time expectation and ensure their rights are protected.

Q4: How much time and money does it take to hire a lawyer during the review and prosecution stage?

During this stage, lawyers' services are usually charged on a per-stage basis, which is part of the fees for criminal litigation. The specific amount is negotiated between the law firm and the client and written into the entrustment contract, with no nationwide standard price. According to regulations, risk-based representation is prohibited in criminal litigation. In terms of time, the procuratorate's review usually takes one month and can be extended for 15 days. The plea bargain process is even shorter, and combined with possible withdrawals and supplementary submissions, the actual intervention period may range from several weeks to several months. It is recommended to clarify the content of the services provided during this stage (reviewing the case file, meeting with the client, submitting opinions, and negotiating a plea bargain) and the maximum fees when entrusting the lawyer, and to balance the cost with the critical impact of this stage on the outcome.

Q5: Once the case reaches the procuratorate, what exactly should I do?

Here are the four steps recommended: First, confirm that you have already engaged or promptly engaged a formal lawyer to gain an advantage in reviewing the case files and submitting opinions. Second, cooperate with the lawyer to sort out the facts favorable to the client (such as voluntary surrender, confession, compensation, and reconciliation) and prepare the relevant materials. Third, participate actively in the evaluation of the guilty plea and punishment, and decide whether to sign the written statement after the lawyer explains the consequences of signing it. Fourth, pay attention to the review period and the progress of the case, and actively advocate for non-prosecution if the evidence is insufficient. Never misjudge the situation and wait passively, nor should you contact the victim or witnesses to interfere with the proceedings on your own. Leave the professional judgment to the lawyer.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Specialised services - Legal services·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.