According to Article 175 of the "Procedural Regulations on the Handling of Criminal Cases by Public Security Organs", after the public security organ accepts the case, it believes that there are criminal facts that require criminal liability, and it falls within its own jurisdiction.
With the approval of the person in charge of the public security organ at or above the county level, the case shall be filed; if it is believed that there are no criminal facts, or the criminal facts are obviously minor and do not require criminal liability, or there are other circumstances in which criminal liability is not investigated according to law, the case shall be filed with the county-level The case will not be filed without the approval of the person in charge of the above public security organ.
If the complainant’s case is decided not to be filed, the public security organ shall prepare a notice of non-filing and serve it to the complainant within three days.
If any of the following circumstances applies to expired materials, criminal liability will not be pursued and the case may not be filed; if the investigation has been completed, the case shall be dismissed, prosecution shall not be instituted, or the case shall be acquitted.
(1) If the circumstances are obviously minor and the harm is not great, it will not be considered a crime.
(2) The crime has passed the statute of limitations for prosecution.
(3) Those who have been punished by special pardon.
(4) According to the crime without trial and prosecution under the Criminal Law, no complaint is made or the complaint is withdrawn.
(5) The defendant is dead.
6. Other laws and regulations exempt criminal liability.
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