(1) Acceptance of filing materials
The acceptance of filing materials refers to the acceptance of reports, complaints, exposures and surrender materials by public security organs, people's procuratorates and people's courts. This is the beginning of the filing procedure. Accept the filing materials,
(2) Examination of filing materials
The examination of filing materials refers to the activities of public security organs, people's procuratorates and people's courts to inspect and investigate the filing materials discovered or accepted by themselves. Its task is to correctly determine whether there is a criminal fact, whether the perpetrator should be investigated for criminal responsibility according to law, and lay the foundation for correctly deciding whether to file a case. The examination of filing materials is the central link of filing procedure and the key to whether a case can be filed correctly and timely. Because whether or not to file a case depends on the results of the examination of the filing materials by the three organs of the Public Security Law, and the process of examining the materials is also a process of confirming whether there is a criminal fact and analyzing and judging whether the criminal fact needs to be investigated for criminal responsibility according to the conditions for filing a case stipulated by law. Therefore, the review of filing materials is a very important work.
(3) Handling of filing materials
The handling of filing materials means that the public security organs, people's procuratorates and people's courts make decisions on filing or not according to different situations after reviewing the filing materials. This is the final result of the filing procedure.
Filing a case refers to a litigation activity in which the public security and judicial organs, according to their respective jurisdictions, examine the materials of the private prosecutor's report, accusation, report, surrender and prosecution, and think that criminal facts have occurred and need to be investigated for criminal responsibility, and decide to investigate or try a criminal case.
Legal consultation: can you find someone to complete the case after filing the case?
The lawyer replied: some cases that can be settled through consultation are ok, but criminal cases are not.
Procedures for handling criminal cases by public security organs
Article 183 If one of the following circumstances is found after investigation, the case shall be dismissed:
(1) There are no criminal facts;
(two) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(3) The crime has passed the limitation period for prosecution;
(4) Being exempted from punishment by an amnesty order;
(5) The criminal suspect is dead;
(six) other people who are not investigated for criminal responsibility according to law.
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 filed a case for investigation, or some criminal suspects in the same criminal case are not enough for criminal punishment, the investigation of relevant criminal suspects shall be terminated and the case shall be continued.
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