According to the regulations, filing a case must meet two conditions at the same time:
1, there is a criminal fact, which is called a factual condition;
1) To file a case for investigation, it must be an act that constitutes a crime in accordance with the provisions of the Criminal Law. According to the criminal law, a criminal act refers to an act that violates the criminal law and endangers society and should be punished by punishment.
2) There must be certain factual materials to prove that the criminal facts did happen. The fact that a crime did occur must be proved by certain factual materials, rather than hearsay, fabrication out of thin air and catching shadows.
2, need to be investigated for criminal responsibility, known as the statutory conditions;
The need to investigate criminal responsibility means that the perpetrator should be investigated for criminal responsibility according to law. This is another condition that must be met when filing a case. Only the existence of criminal facts that need to be investigated for criminal responsibility according to law has the value of filing a case. Only when a criminal fact occurs and the perpetrator needs to be investigated for criminal responsibility according to law, it is necessary and a case should be filed.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 112 of the Criminal Procedure Law of People's Republic of China (PRC).
The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.