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中华人民共和国人民检察院组织法(修正) ORGANIC LAW OF THE PEOPLES PROCURATORATES OF THE PEOPLES REPUBLIC OF CHINA

2009-03-24 法律英语 来源:互联网 作者:
ons of the law in a case in which the people's procuratorate has initiated prosecution, it may remand the case to the people's procuratorate for supplementary investigation or notify it to make corrections.

  Article 17 If a local people's procuratorate discovers any error in a judgment or order of a people's court at the corresponding level in a case of first instance, it shall lodge a protest in accordance with the procedure of appeal.

  Article 18 If the Supreme People's Procuratorate discovers some definite error in a legally effective judgment or order of a people's court at any level, or if a people's procuratorate at a higher level discovers some definite error in a legally effective judgment or order of a people's court at a lower level, it shall lodge a protest in accordance with procedures of judicial supervision.

  People's procuratorates must send personnel to appear in court when cases are heard, in accordance with procedures of judicial supervision.

  Article 19 If the people's procuratorates discover violations of the law in the execution of judgments or orders in criminal cases, they shall notify the executing organs to correct them.

  If the people's procuratorates discover violations of the law in the activities of prisons, detention houses or organs in charge of reform through labour, they shall notify the organs responsible to correct them.

  Chapter III The Organizational Structure and the Appointment and Removal of Personnel of People's Procuratorates

  Article 20 The Supreme People's Procuratorate shall establish a number of procuratorial departments and other professional agencies as needed. The people's procuratorates at various local levels may respectively establish corresponding procuratorial divisions, sections and other professional agencies. (Amended on September 2, 1983)

  Article 21 The Procurator-General of the Supreme People's Procuratorate shall be elected and removed by the National People's Congress.

  The Deputy Procurators-General, members of the procuratorial committee and procurators of the Supreme People's Pro

curatorate shall be appointed and removed by the Standing Committee of the National People's Congress upon there commendation of the Procurator-General of the Supreme people's Procuratorate.

  Article 22 The chief procurators of the people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government and their branches shall be elected and removed by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government; the deputy chief procurators, members of procuratorial committees and procurators shall be appointed and removed by the standing committees of the people's congresses at corresponding levels upon the recommendation of the chief procurators of the provinces, autonomous regions, and municipalities directly under the Central Government.

  The appointment and removal of the chief procurators of the people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government shall be reported to the Procurator-General of the Supreme People's Procuratorate for submission to the Standing Committee of the National People's Congress for approval. (Amended on September 2, 1983)

  Article 23 The chief procurators of people's procuratorates of autonomous prefectures, cities directly under the provincial governments, counties, cities and municipal districts shall be elected and removed by the people's congresses at corresponding levels; the deputy chief procurators, members of procuratorial committees and procurators shall be appointed and removed by the standing committees of the people's congresses at corresponding levels upon the recommendation of the chief procurators.

  The appointment and removal of the chief procurators of the people's procuratorates of autonomous prefectures, cities directly under the provincial governments, counties, cities and municipal districts shall be reported to the chief procurators of the people's procuratorates at the next higher level for submission to the standing committee of the people's congress at the corresponding level for approval. (Amended on September 2, 1983)

  Article 24 The chief procurators, deputy chief procurators, members of procuratorial committees and procurators of people's procuratorates set up in industrial and mining areas, agricultural reclamation areas and forest zones by people's procuratorates at the provincial or county level shall be appointed and removed by the standing committee of the people's congress at the corresponding level upon the recommendation of the chief procurator of the dispatching people's procuratorates.

  Article 25 The term of office of the chief procurators of people's procuratorates at all levels shall be the same as that of the people's congresses at corresponding levels.

  Article 26 The Standing Committee of the National People's Congress and the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government may, upon proposals put forward by the Procurator-General and chief procurators of people's procuratorates at the corresponding level, replace the chief procurators, deputy chief procurators and members of the procuratorial committees of people's procuratorates at lower levels.

  Article 27 People's procuratorates at all levels shall have a number of assistant procurators and clerks. With the approval of the chief procurator, an assistant procurator may act in the function of a procurator. The clerks shall be responsible for keeping case records and other related matters.

  The assistant procurators and clerks shall be appointed and removed by the chief procurators of people's procuratorates at all levels.

  People's procuratorates at all levels may install judicial police as needed.

  Article 28 The organizational structure and staff size of th

e people's procuratorates at all levels shall be stipulated separately by the Supreme People's Procuratorate

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