1, the standards for criminal filing by public security organs are as follows:
(1) factual conditions, that is, there are criminal facts or criminal suspects;
(2) Legal conditions, that is, criminal responsibility should be investigated;
(3) The act of putting on record for investigation must be harmful to society and should be punished. Only when the criminal facts really need to investigate the criminal responsibility of the perpetrator can the case be filed.
2. Legal basis: Article 87 of the Criminal Procedure Law of People's Republic of China (PRC).
When the public security organ requests the arrest of a criminal suspect, it shall write a letter of approval of the arrest, together with the case files and evidence, and transfer it to the people's procuratorate at the same level for examination and approval. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
Article 88
Interrogation in approving the arrest The people's procuratorate may interrogate the criminal suspect after examining and approving the arrest; In any of the following circumstances, the criminal suspect shall be interrogated:
(1) Having doubts about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(3) There may be major illegal acts in the investigation activities.
When examining and approving an arrest, the people's procuratorate may question witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
Article 89
The people's procuratorate shall examine and approve the arrest of a criminal suspect, which shall be decided by the chief procurator. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 90
The people's procuratorate shall, after examining the cases submitted by the public security organs for approval of arrest, decide whether to approve or disapprove the arrest according to the circumstances. The public security organ shall immediately implement the decision to approve the arrest and notify the people's procuratorate of the implementation in time. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ.
Second, what is the process of criminal filing by public security organs?
1, put on file. After the public security organ accepts the report, if it meets the conditions for putting on file after examination, it will not be put on file with the approval of the person in charge of the public security organ. If it is not investigated for criminal responsibility according to law, it will not be put on file with the approval of the person in charge of the public security organ at or above the county level;
2, investigation, has been approved, the filing unit should determine the police force, timely investigation. In the process of investigation, the public security organs can use all kinds of investigation means ex officio, including secret means and related coercive measures, in order to find out the case, collect evidence and arrest criminal suspects.
3, solve the case, after investigation, meet the following conditions, with the approval of the person in charge of the public security organ at or above the county level, the investigation department can announce the case, and make a report to arrest and transfer it to the pre-trial brigade of this bureau for review and prosecution, and investigate the criminal responsibility of the person responsible for the crime.