On Returning a Case for Further Investigations in the Linkage Between Supervisoryand Judicial Procedures

Author: DongKun



Abstract: In principle, a procuratorate shall return the case of duty-related crime to thesupervisory organ for further investigation if it deems further substantiation necessary in the periodof examination and prosecution. However, when necessary, a procuratorate may conduct furtherinvestigation itself. The jurisprudential basis is the theory of supervision independence. Theoperation of supervision procedure shall follow the logic of law and politics. The supervisionprocedure is closed, independent and self-consistent, and the disposal methods at the termination ofthe procedure are more complex and diversified. The features mentioned above determine that thesupervision and criminal procedures are two operating procedures operated under differentmechanisms. Therefore, it is more comprehensive and appropriate to return the cases ofduty-related crime to their original procedure for further investigation. Under the domination of thetheory, the basic principles, the circumstances for the application and the relevant procedures ofcase returning for further investigation can be constructed and improved. In the meantime, thesupporting mechanisms implemented by the procuratorates, such as the supplementaryinvestigation, sending written requests for additional evidence from the supervisory organs, early intervention in the supervision procedures, and the protection of the rights of the parties,should be linked up and improved as well.

Keywords:supervisory organs; procuratorial organs; bridging of procedure; returning ofa case for further investigation; theory of super visory independence


Author:Dong Kun, Ph.D. in Law, a research fellow at CASS Law Institute


Source: 5 (2021) Business and Economic Law Review