The conditions for filing a criminal case refer to whether the public security organs, people's procuratorates or public security organs, people's procuratorates and people's courts have the conditions for investigating, prosecuting or trying criminal cases after reviewing the materials of reporting, accusing, reporting, surrendering and private prosecution according to their respective jurisdictions. Because different cases have different filing standards, here we only discuss the conditions for public security organs to file criminal cases. According to China's Criminal Procedure Law and the Provisions of Public Security Organs on Handling Criminal Cases, the conditions for public security organs to file a criminal case are as follows: 1. There are criminal facts, that is, accepted cases, and the criminal suspect's behavior has violated the criminal law, which constitutes a crime. This criminal fact exists objectively, not subjectively; And the evidence has proved that it is not groundless. 2, need to be investigated for criminal responsibility, that is, criminal suspects need to be punished according to law. If his behavior only constitutes a crime and criminal responsibility should not be investigated according to law, the case shall not be filed. 3. It belongs to its own jurisdiction, that is, the public security organ can only govern cases that belong to its own jurisdiction according to the law, and what should be governed must be managed, whether it is dereliction of duty; What should not be managed must be ignored, and what is managed is ultra vires. When the family members of criminal suspects find their relatives detained by public security organs, the sooner they ask lawyers to intervene, the more likely they are to help their relatives. The role of lawyers in this process is: to know the specific situation of the case from the investigation organ; Meeting the criminal suspect and providing him with legal help will greatly reduce the possibility of the criminal suspect making statements against himself; And can apply for changing compulsory measures to bail pending trial, and can lift the detention of criminal suspects.
Legal objectivity:
(a) the factual conditions, that is, the existence of criminal facts or criminal suspects here, refer to the existence of criminal acts that endanger society, that is, the existence of criminal objects and objective elements; The identification of the subject and subjective aspects of the crime is not a necessary condition for filing a case, but a problem that needs further identification after filing a case. Therefore, the evidence at this time does not require sufficient level, nor does it require that criminals must be caught, let alone find out the facts and circumstances of all cases; But it should not be the conclusion drawn by investigators based on estimation and speculation. (2) Legal conditions, that is, the purpose of filing a criminal case that needs to be investigated for criminal responsibility is to investigate acts that are harmful to society and should be punished. Therefore, only when the criminal facts really need to investigate the criminal responsibility of the perpetrator will the case be filed. Article 15 of the Criminal Procedure Law stipulates that criminal responsibility shall not be investigated, which mainly includes the following five situations and an all-inclusive clause. (1) If the circumstances are obviously minor and the harm is not great, it shall not be deemed as a crime. By drawing a clear line between crime and non-crime, innocent people are protected from criminal investigation. (2) The crime has passed the statute of limitations. China's criminal law clearly stipulates the limitation of prosecution, which should be observed and implemented in the process of filing a case. (3) Being exempted from punishment by amnesty. Pardon is part or all of the measures taken by the state to exempt certain crimes or specific criminals from punishment. Crimes that have been pardoned should not be put on file for investigation. (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law. The case handled after being told belongs to the case of private criminal prosecution, and the victim has the right to decide whether to pursue the criminal responsibility of the defendant according to law. (5) The criminal suspect or defendant dies. If a criminal suspect or defendant dies, the undertaker of criminal responsibility no longer exists, and it is meaningless to investigate the criminal responsibility of the deceased, so the case will not be filed. (6) Other laws provide for exemption from criminal responsibility. If a mental patient cannot identify or control his own behavior, he shall not be criminally responsible for the harmful results. As long as the above situation belongs to one of them, you should decide not to file a case. If a case has been put on file for investigation, the case shall be withdrawn at the investigation stage; No prosecution should be initiated at the prosecution stage; At the trial stage, the case should be terminated or declared innocent; In the execution stage, a retrial shall be conducted in accordance with the procedure of trial supervision. In addition, as long as the following conditions are met, the people's court should accept the case of private prosecution: (1) The case belongs to the scope of private prosecution; (2) The case is under the jurisdiction of the people's court; (3) Having a clear defendant, specific claims and evidence that can prove the defendant's criminal facts; (4) The subject of prosecution is the victim or his legal representative or close relatives.