If the complainant refuses to accept the decision made by the public security organ not to file a case, he may apply for reconsideration to the public security organ that made the decision not to file a case. If you are still dissatisfied with the reconsideration decision, you may apply to the public security organ at the next higher level for reconsideration. ?
(2) file a complaint with the procuratorate?
If the complainant refuses to accept the decision made by the public security organ not to file a case, he may lodge a complaint or appeal with the procuratorial department of the people's procuratorate at the same level. ?
If the complainant refuses to accept the decision made by the people's procuratorate that the public security organ will not file a case, he may also apply to the people's procuratorate at the next higher level for supervision and examination of the case. ?
(3) file a criminal private prosecution with the court?
When the accuser fails to implement the above-mentioned relief channels, the law also stipulates the last relief channel, that is, he can file a criminal private prosecution with the people's court, and proceed step by step according to the procedures of first instance, second instance and trial supervision. ?
Article 112 of the Criminal Procedure Law, the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, timely examine the materials of reporting, accusing, reporting and surrendering themselves, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they 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 113 If the people's procuratorate thinks that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does 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. ?
Article 114 In a case of private prosecution, the victim has the right to bring a lawsuit directly to the people's court. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to bring a lawsuit to the people's court. The people's court shall accept the case according to law.
Extended data:
?
Case: the behavior of the public security organ not filing a case?
Plaintiff: Yang?
Defendant: Luolong Branch of Luoyang Public Security Bureau. Third person: Zhang?
On the afternoon of July 8, 2007, Zhang cut Yang's security door with a fruit knife. At about 0/9 o'clock that night, Zhang smashed Yang's white Chevrolet sedan with stones. After receiving the police, the defendant investigated and collected the case as a public security case.
On June 26th, 2007, 65438+20071October 26th, the defendant Luolong Branch made a Decision on Public Security Administrative Punishment (Longgong (D) Zi (2007) No.748), and according to the provisions of Article 49 of the Law of People's Republic of China (PRC) on Public Security Punishment, Zhang was administratively detained for five days. Zhang filed an administrative reconsideration and the administrative punishment was suspended. In the same year1October 30th 10, Yang filed an administrative reconsideration on the grounds that the punishment procedure was illegal and Zhang should be investigated for criminal responsibility.
On June 5438+065438+ 10 of the same year, the plaintiff entrusted Luoyang Price Certification Center to appraise the price of damaged property (including security doors and Chevrolet cars), and the appraisal conclusion was 3570 yuan. On June 2, 2008, the Law Enforcement Supervision Committee of the Defendant Luolong Branch made a decision to cancel the administrative penalty. No.748 (2007), re-evaluated by the case-handling organ according to law, and re-punished according to the conclusion.
The defendant entrusted Luolong District Price Certification Center to evaluate the plaintiff's losses. On July 30th, 2008, the Center recognized 650 yuan as the plaintiff. The plaintiff refused to accept the appraisal conclusion and asked for a new appraisal. On August 15, 2008, the defendant issued a Notice of Not Filing a Case, informing the plaintiff that Zhang's intentional damage to public and private property did not meet the criteria for filing a criminal case. Yang made a reconsideration decision and upheld the original judgment after reconsideration.
On June 5438+February 65438+February 09, 2008, the defendant made a decision on administrative punishment (Long Gong (D) Zi (2008)No. 1233) and sentenced Zhang to administrative detention for 5 days. Zhang filed an administrative reconsideration and suspended execution. On February 6, 2009, the defendant sent Zhang to the detention center for execution. However, due to Zhang's fall, Luoyang Detention Center temporarily refused to accept him.
Later, it was decided to execute the punishment on March 8, 2009. The plaintiff thinks that the punishment decision is unclear in fact, inaccurate in nature, improper in application of law, omission of important matters, and illegal in punishment procedure, and requests the court to cancel the punishment decision according to law and order the defendant to deal with the illegal behavior of the third party again. ?
In this case, because the plaintiff and the third party belong to the same unit, the dispute caused by emotional entanglement has brought great trouble to the life and work of the parties. Therefore, when handling the case, the court did the ideological work of the plaintiff and the third party many times, which eventually led to a settlement between the plaintiff and the third party, and the plaintiff withdrew the lawsuit against the public security bureau. ?
China People's Congress Network-People's Republic of China (PRC) Criminal Procedure Law
Luoyang court network-the behavior of public security organs not filing a case