Conditions for closing a case by public security organs

The conditions for public security organs to close a case refer to the fact that in the process of investigation, when a case reaches certain handling standards and requirements, the public security organs can close the case according to law.

The satisfaction of the conditions for closing a case is not only related to the quality and efficiency of handling cases, but also reflects the rigor and impartiality of public security organs in performing their duties according to law.

First of all, the facts of the case are clear

When handling a case, the public security organ's first task is to find out the truth of the case. Only when the facts of the case are clear and the evidence is conclusive and sufficient can the fairness and accuracy of the case be guaranteed. Therefore, clear facts are one of the basic conditions for public security organs to close a case.

Second, the evidence is sufficient and conclusive.

Evidence is the basis for ascertaining the facts of a case, and the sufficiency and certainty of evidence is an important basis for judging whether a case meets the closing conditions. In the process of handling a case, the public security organ must collect, fix, examine and use evidence according to law to ensure that the collected evidence can form a complete chain of evidence, which is enough to support the determination of the facts of the case.

Third, the handling of criminal suspects is clear.

In criminal cases, the handling of criminal suspects is one of the important contents of closing the case. In the process of handling a case, the public security organ must make corresponding treatment decisions according to the criminal facts, evidence, social harm and other factors of the criminal suspect, such as transferring the case for review and prosecution, and withdrawing the case.

Fourth, the legal procedures are complete.

When handling cases, public security organs must strictly follow legal procedures to ensure that the process of handling cases is legal and standardized. Only when the legal procedures are complete can we ensure the fairness and legality of handling cases and meet the conditions for closing cases.

To sum up:

The conditions for public security organs to close the case include clear facts of the case, sufficient and conclusive evidence, clear handling of criminal suspects and complete legal procedures. The satisfaction of these conditions is not only related to the quality and efficiency of handling cases, but also reflects the rigor and impartiality of public security organs in performing their duties according to law. In the process of handling cases, public security organs should strictly abide by relevant laws and regulations to ensure fairness, legality and effectiveness in handling cases.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 160 stipulates:

In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.

Article 16 1 stipulates:

In the course of investigation, if it is found that the criminal facts are obviously minor and it is not necessary to pursue criminal responsibility, or if the criminal facts are clear and the evidence is true and sufficient, and criminal responsibility should be pursued according to law, it shall write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.

Article 162 stipulates:

When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.

Procedures for handling criminal cases by public security organs

Article 176 stipulates:

After investigation, if the facts of the crime are clear and the evidence is true and sufficient, the criminal suspect shall be transferred to the people's procuratorate for examination and prosecution.

Article 177 stipulates:

If, after investigation, it is found that there are criminal facts that need to be investigated for criminal responsibility, but they are not committed by criminal suspects who have been placed on file for investigation, or some criminal suspects in the same criminal case are not punished enough, the investigation of relevant criminal suspects shall be terminated and the case shall be continued.