1. Most public security cases are "filed on the basis of events". How can fraud cases involving as much as 1 10,000 yuan not be filed? Is this not a joke? !
Reasons for the police station's paste: In practice, the public security organs may passively investigate the criminal responsibility of criminal suspects who are not caught red-handed, at large or whose identity is difficult to find out, due to insufficient police force, difficulty in arresting or "not broken and not established". The most important thing behind it is that if the case cannot be solved, it will affect its assessment results! Affect the leadership's achievements!
2. According to article 107 of the new Criminal Procedure Law, "public security organs and people's procuratorates shall file a case for investigation within their jurisdiction". Therefore, if the public security organ discovers the criminal facts but has not identified the criminal suspect, it shall file a case according to the criminal facts (hereinafter referred to as "filing a case according to the facts"). After filing a case, the public security organ shall conduct investigation, collect evidence, identify the suspect, take compulsory measures according to law, and investigate the criminal responsibility of the suspect according to law.
2. What will you do if the police don't file a case? Report the situation to the procuratorate and ask the procuratorate to file a case for supervision!
(1) The precondition of filing supervision is "filing investigation instead of filing investigation"!
(2) The fundamental purpose of the supervision of filing a case is to supervise and correct the behavior of not filing a case, not investigating the responsibility, and substituting punishment for punishment, so as to prevent the indulgence of criminals. Its starting point and foothold are all in the investigation of criminal responsibility of criminal suspects.
(3) The supervision system of filing a case is a kind of supervision means stipulated in the Criminal Procedure Law, which is mandatory to some extent and easy to attract the attention of the public security organs, which is conducive to the timely investigation of criminal suspects by the public security organs, preventing the difficulty of obtaining evidence over time and safeguarding judicial justice; At the same time, it is also conducive to protecting the legitimate rights and interests of victims.
(4) If the public security does not file a case, it must explain the reasons for not filing a case to the procuratorial organ. It's easy to fool you, but it's different to fool the procuratorate. There is no reason to fool you!
3. If the procuratorial organ at the same level refuses to accept it, it must explain the reasons. (Generally, it will definitely be accepted) If it is not accepted, you can appeal to the procuratorate at the next higher level!
4. If there is no result in the near future, it should be immediately reported to letters and visits and news media. Sometimes it is more powerful to unite.
Relevant provisions of the Criminal Procedure Law:
Article 107
When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 108
Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Article 109
Reports, complaints and reports can be made in writing or orally. The staff who accept the oral report, complaint or report shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being correctly read out.
Article 110
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.
Article 1 1 1
If the people's procuratorate thinks that the public security organ will not file a case for investigation, or the victim thinks that the public security organ will not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.