SPP Publishes the Provisions on Procuratorial Advice from People's Procuratorates

The Supreme People's Procuratorate ("SPP") has recently distributed the Provisions on Procuratorial Advice from People's Procuratorates (the "Provisions"), immediately effective from the date of issuance.

The Provisions, including 32 articles, mainly touch upon seven aspects. The first is providing further clarity on the nature of procuratorial advice. The second is making clear principles to prepare and issue procuratorial advice. The third is clearly specifying the types of procuratorial advice and the applicable scope. The fourth is requiring investigations to check and verify matters seeking procuratorial advice. The fifth is further standardizing procedures for preparing and issuing procuratorial advice. The sixth is providing the institutional guarantee for the higher inelasticity of procuratorial advice. And the seventh is respecting the right of entities receiving such advice to raise an objection. Among others, Article 13 of the Provisions provides that "where procurators find it necessary during their duty performance to offer procuratorial advice in line with the Provisions, they shall launch investigations to check and verify relevant matters, with the consent of chief procurators, to ensure facts are clearly ascertained". Meanwhile, Article 14 outlines seven measures to be adopted in the said investigations for the verification purpose, clearly stating that coercive measures, including limits on personal freedom and sealing-up, seizure and freezing of property, are banned in such investigations.



(Source: http://www.spp.gov.cn/spp/zdgz/201902/t20190226_409297.shtml)

Note: The link to the Chinese official website of the document is for your reference.