How to deal with cases with insufficient evidence in criminal cases

1. The public security organ may settle the case through mediation. After the public security organ has completed the investigation of minor injuries with insufficient evidence, it shall issue a report on the end of the investigation and serve it on both parties, and may persuade and educate both parties. On the premise of both parties' willingness, both parties can write an application for mediation to the public security organ, and on this basis, the public security organ can organize mediation to close the case. It is easy to stabilize the mood of both sides and solve the conflict in time. The victim shall file a private prosecution. The public security organ shall inform the victim to bring an incidental civil action to the people's court, because the basic facts are clear and the basic evidence is sufficient, and the public security organ cannot persuade both parties to mediate voluntarily for the time being.

Article 160 of the Criminal Procedure Law stipulates that when investigating a closed case, the public security organ shall ensure that the facts of the crime are clear, the evidence is true and sufficient, write a prosecution opinion, and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.

Article 171 When examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of this Law, he may be required to explain the legality of collecting evidence.

When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation.

A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.

If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.

Article 174 The decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and the unit to which he belongs. If the accused is in custody, he shall be released immediately.

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The above answer is only for the current information combined with my understanding of the law, please refer carefully!

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