What does criminal reconsideration mean?

Criminal reconsideration generally thinks that criminal cases are not filed and there are relief channels in the criminal procedure law, which does not belong to the scope of administrative reconsideration. Criminal reconsideration and review refers to a criminal litigation activity in which the relevant personnel of a criminal case refuse to accept the decision made by the public security organ to reject the application, revoke the deposit, impose a fine on the guarantor and refuse to file a case, and then apply to the public security organ for criminal reconsideration and review, and the public security organ accepts the application and makes a decision on criminal reconsideration and review.

The filing of criminal proceedings refers to the litigation activities in which the public security organs and people's procuratorates discover criminal facts or criminal suspects, or the public security organs, people's procuratorates and people's courts review the materials of accusation, accusation, report, surrender and prosecution of private prosecutors, and decide to investigate or try criminal cases according to their respective jurisdictions. The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration. If a witness fails to testify in court without justifiable reasons, the people's court may compel him to appear in court, except for the defendant's spouse, parents and children. If a witness refuses to appear in court without justifiable reasons or refuses to testify after appearing in court, he shall be admonished. If the circumstances are serious, with the approval of the dean, he shall be detained for less than ten days. If the punished person refuses to accept the detention decision, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during reconsideration.

Legal basis:

Provisions on the procedures for public security organs to handle criminal reconsideration and review cases

Article 6

In the process of handling criminal cases, the following relevant personnel may apply for criminal reconsideration to the public security organ that made the decision according to law:

(1) If the party refuses to accept the decision to reject the application for withdrawal, the party concerned, his legal representative, agent ad litem and defense lawyer may raise it;

(2) If he refuses to accept the decision to confiscate the deposit, the person who has been released on bail pending trial or his legal representative may raise it;

(3) If the guarantor refuses to accept the penalty decision, he may propose it himself;

(four) the complainant refuses to accept the decision not to file a case, you can put forward;

(five) if the administrative organ that transferred the case refuses to accept the decision not to file a case, it may submit it to the administrative organ.