What is a direct complaint? Is there a direct sentencing for direct prosecution?

Direct prosecution and sentencing. Direct prosecution cases refer to cases in which the case has not been approved for arrest by the procuratorate or the public security organ considers that the circumstances are minor and is released on bail pending further investigation, and after the investigation is completed, it is directly transferred to the procuratorate for review and prosecution.

Generally speaking, these cases are simple cases, the circumstances are minor, the criminal suspect's subjective malice is not great, the degree of harm is not great, there is no need for detention, and a suspended sentence may be given.

The specific procedure is as follows: After the investigation is completed, the public security organ directly submits a written opinion for prosecution to the procuratorate, and at the same time transfers the case file to the procuratorate for examination and prosecution, and the latter initiates a public prosecution with the court.

According to article 161 of the Criminal Procedure Law, if it is found that the criminal suspect should not be held criminally responsible during the course of investigation, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.

Direct prosecution cases are generally cases where the degree of harm is not great and the circumstances are minor, but if there is evidence to prove that the criminal suspect has committed a crime, and the people's court determines that he is guilty, he will still be sentenced. Direct prosecution cases refer to criminal cases in which a criminal suspect is directly transferred for review for prosecution after being released on guarantee pending further investigation or placed under residential surveillance without going through arrest procedures. Like other criminal cases transferred to the procuratorate for review and prosecution, direct prosecution cases need to go through three stages: filing and investigation, concluding the investigation, and transferring the case for review and prosecution.

Criminal Procedure Law of the People's Republic of China

Article 176.

Where the people's procuratorate finds that the facts of the criminal suspect's crime have been clarified, the evidence is credible and sufficient, and criminal responsibility shall be pursued in accordance with law, it shall make a decision to prosecute, initiate a public prosecution in the people's court in accordance with the provisions on trial jurisdiction, and transfer the case file materials and evidence to the people's court.

Where criminal suspects admit guilt and accept punishment, the people's procuratorate shall submit a sentencing recommendation on the primary punishment, supplementary punishment, whether a suspended sentence is to be applied, and transfer materials such as the plea affidavit with the case.

Legal Analysis] Direct prosecution cases require the court to make a judgment based on the actual facts of the case, and because the circumstances of the crime in the direct prosecution case are minor, the subjective malice of the criminal suspect is not great, and the degree of harm is not great, the court may sentence the execution of a suspended sentence. If the criminal has objections to the punishment of Oak Min after the case is concluded, he can appeal in accordance with the law. After a direct prosecution case is brought to the court, the court shall make a judgment based on the facts of the crime and the provisions of law.

Direct prosecution cases refer to cases in which the case has not been approved by the procuratorate Liang Qing or the public security organ considers that the circumstances are minor and the case is released on bail pending further investigation, and after the investigation is completed, it is directly transferred to the procuratorate for review and prosecution. Generally speaking, these cases are cases where the facts of the case are simple, the circumstances are slight, the criminal suspect's subjective malice is not great, the degree of harm is not great, and there is no need for detention, and a suspended sentence may be given. The specific procedure is that after the investigation is completed, the public security organ directly submits a written opinion for prosecution to the procuratorate, and at the same time transfers the case file to the procuratorate for examination and prosecution, and the latter initiates a public prosecution with the court.

Legal basis] Criminal Procedure Law of the People's Republic of China》 Article 200: After the defendant's final statement, the chief judge announces an adjournment, and the collegial panel conducts deliberations, and makes the following judgments on the basis of the facts and evidence that have already been ascertained, and relevant legal provisions: (1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with law, a guilty verdict shall be made; (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made; (3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.