Whether it is a criminal case or a civil case, it is necessary to have evidence to find out the facts. Without evidence, it cannot constitute a criminal case. Of course, the evidence of criminal cases needs to be collected by the investigation department through scientific and meticulous investigation according to the clues of the case. Therefore, according to the different clues and evidence, the handling of criminal cases will be different. If the informant reports a criminal case, but can't provide any evidence or provide corresponding clues that can't be verified, the investigation organ shall not file a criminal case. If, after further investigation, it is verified that there are no criminal facts or the verified facts do not constitute a crime, the investigation organ shall dismiss the case. So if there is no evidence, no case will be filed. According to the provisions of the Criminal Procedure Law, the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, promptly review the materials of accusation, complaint, report and surrender, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If there is no criminal fact, or the criminal fact is obviously minor, criminal responsibility may not be investigated. There must be two conditions for filing a case: (1) factual conditions, that is, the existence of criminal facts means that there is objective and true evidence to prove the existence of criminal acts that endanger society; (two) the statutory conditions, that is, the need to investigate criminal responsibility.
Legal objectivity:
Article 236 of the Criminal Law of People's Republic of China (PRC) whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape. Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death: (1) raping a woman or raping a young girl, if the circumstances are bad; (2) raping a woman or a number of young girls; (3) raping a woman or a young girl in public in a public place; (four) gang rape of more than two people; (5) raping a young girl under the age of ten or causing harm to a young girl; (6) Causing serious injury, death or other serious consequences to the victim.