First, accept the case;
(1) The criminal investigation department shall immediately accept citizens' reports, complaints and reports or the surrender of criminal suspects, and make transcripts and registration forms for accepting criminal cases.
(2) Cases accepted by the criminal investigation department or criminal clues found; After examination, it is considered that there are criminal facts, but the case does not belong to its own jurisdiction, and it shall be approved within 24 hours, and a notice of case transfer shall be issued and transferred to the competent authority for handling. For cases handled only after being informed and minor criminal cases for which the victim has evidence, the case materials and relevant evidence shall be sent to the people's court with jurisdiction; And inform the parties to bring a lawsuit to the people's court;
(3) If the administrative punishment is not enough for criminal punishment, it shall be dealt with according to law.
Second, file a case.
(a) after accepting the case, the criminal investigation department, after examination, believes that the facts of the crime need to be investigated for criminal responsibility, and the county belongs to its own jurisdiction, and makes a report on the filing of the criminal case, and files the case after approval;
(two) that there is no criminal fact, or the circumstances are obviously minor and do not need to be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, make an application for not filing a case, and after approval, not file a case;
(3) If it decides not to file a case, it shall make a notice of not filing a case and serve it on the complainant within seven days. After the complainant refuses to accept the decision not to file a case, he may apply to the original public security organ for reconsideration within seven days after receiving the notice of not filing a case. The original public security organ shall make a decision within ten days after receiving the application for reconsideration and notify the complainant in writing.
3. If the criminal investigation department finds any of the following circumstances after investigation, it shall make a report on the revocation of the case, and after approval, it shall revoke the case, release the criminal suspect in custody and issue a release certificate.
(1) There are no criminal facts;
(two) the circumstances are obviously minor and the harm is not great; Not considered a criminal;
(3) The crime has passed the limitation period for prosecution;
(4) Being exempted from punishment by an amnesty order;
(5) The criminal suspect is dead;
(6)
Others shall not be investigated for criminal responsibility according to law.
Fourth, investigation
(1) The criminal investigation department shall investigate criminal cases that have been put on file. Comprehensively and objectively collect and sort out the evidence of the criminal suspect's guilt or innocence, light crime or heavy crime, and conduct examination and verification;
(2) An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law;
(3) Take compulsory measures such as summoning, obtaining bail pending trial, residential surveillance, detention and arrest to interrogate the criminal suspect; Ask the victim; An inquest, inspection and search; Seizure of physical evidence and documentary evidence; Inquire, freeze deposits and remit money; Appraisal and identification shall be carried out in accordance with the conditions and procedures prescribed by law.