After a criminal case is filed for investigation, if the suspect is innocent, how should it be handled? If he is innocent, the case will be dropped and those detained will be released. What are the conditions for filing a criminal case? 1. The existence of criminal facts refers to the objective existence of criminal acts that endanger society. This is the primary condition for filing a case. There are criminal facts, including two aspects. 1. If a case is to be filed for investigation, it must be an act that complies with the provisions of the criminal law and constitutes a crime. Cases should and can only be filed against criminal acts. If it is not a crime, the case cannot be filed. If there are no criminal facts, or if there are illegal acts that endanger society according to the provisions of Article 15, Item 1 of the Criminal Procedure Law, but the circumstances are obviously minor and the harm is not great, the case will not be filed. Since filing a case is the beginning of crime investigation, the fact that a crime exists at this time only refers to the discovery of criminal behavior that endangers society and violates criminal law. As for the entire process of the crime, the specific circumstances of the crime, and who the perpetrator is, they are not required to be clearly stated when filing a case. These issues should be resolved through post-case investigation or trial activities. 2. There must be certain factual materials to prove that the crime actually occurred. Including criminal acts that have been committed, are being committed, and are being prepared to be committed. Second, the need to pursue criminal responsibility means that the perpetrator should be held criminally responsible according to law. Only when the criminal facts need to be investigated in accordance with the law, when the criminal facts occur and the perpetrator needs to be investigated for criminal responsibility in accordance with the law, is it necessary and should be filed. According to Article 15 of the "Criminal Procedure Law", although a crime has been committed, the statute of limitations for prosecution has expired; punishment is exempted through amnesty; crimes that should be prosecuted according to the criminal law are not reported or withdrawn; the criminal suspect has died; other laws are exempt If there is criminal liability, no criminal liability will be pursued. Related knowledge: What is filing a case? It refers to when the public security, judicial organs and other administrative law enforcement agencies review the materials such as reports, accusations, reports, surrenders, and private prosecutions according to their respective jurisdictions, and believe that a crime has occurred and criminal liability needs to be investigated. , decide to investigate or judge the case as a criminal case. To file a case for investigation, it must be an act that complies with the provisions of the criminal law and constitutes a crime. Cases should and can only be filed against criminal acts. If it is not a crime, the case cannot be filed. If there are no criminal facts, or if there are illegal acts that endanger society according to the provisions of Article 15, Item 1 of the Criminal Procedure Law, but the circumstances are obviously minor and the harm is not great, the case will not be filed. According to Article 15 of the "Criminal Procedure Law", although a crime has been committed, the statute of limitations for prosecution has expired; punishment is exempted through amnesty; crimes that should be prosecuted according to the criminal law are not reported or withdrawn; the criminal suspect has died; other laws are exempt If there is criminal liability, no criminal liability will be pursued. Case filing refers to the activities in which public security, judicial organs and other administrative law enforcement agencies investigate reports, accusations, reports, surrenders and private prosecutions according to their respective jurisdictions. If your situation is more complex, the website also provides online lawyer consultation services, and you are welcome to seek legal consultation.
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Article 310 of the "Criminal Law of the People's Republic of China" * * * Knowingly knowing that a criminal is a criminal and providing him with a hiding place or property to help him escape or Anyone who gives false testimony to cover up shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Anyone who commits the crime in the preceding paragraph and conspires in advance shall be punished as an accomplice. "Criminal Law of the People's Republic of China" Article 362 * * * Personnel in hotels, catering services, cultural entertainment industries, taxi companies and other units tip off criminals when the public security organs are investigating and handling prostitution activities, and the circumstances are serious , shall be convicted and punished in accordance with the provisions of Article 310 of this Law.