What if the police don't file a criminal case?

According to the law, the public security organ shall file a case for investigation of criminal offences with minor injuries or more. However, in real life, the public security organs may deal with this minor criminal offence rashly in violation of legal procedures. What if the police don't file a criminal case? According to the provisions of the Criminal Procedure Law, the victim can file a private prosecution. As for how to file a criminal private prosecution, I will give you a detailed answer below. 1. What if the public security does not file a criminal case? The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it 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. If the people's procuratorate thinks that the public security organ will not file a case for investigation, or the victim thinks that the public security organ will 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. If the injury is identified as a minor injury, it reaches the standard of intentional injury. Therefore, if the public security organ refuses to file a case, it can apply to the public security organ at the next higher level for reconsideration, or it can ask the public security organ to explain the reasons for not filing a case. At the same time, Article 170 of China's Criminal Procedure Law stipulates that cases of private prosecution include the following situations: (1) cases that are handled only after being told; (2) Minor criminal cases proved by the victim; (3) Cases in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant. If the public security organ still refuses to file a case after reconsideration or the procuratorate notifies the public security organ to file a case, it may also directly file a criminal private prosecution with the people's court accordingly. 2. How to file a criminal private prosecution If the victim has evidence to prove that the defendant has infringed on his personal and property rights, he shall be investigated for criminal responsibility according to law. The public security organ or the people's procuratorate has made a written decision not to pursue it, and the victim or his legal representative or close relatives have the right to file a lawsuit directly with the people's court. The private prosecutor shall submit a criminal private prosecution to the people's court; Where an incidental civil action is filed, a private prosecution in criminal incidental civil action shall be submitted. Private prosecution shall include the names, gender, age, work unit, address and telephone number of the private prosecutor, the defendant and the parties to the incidental civil action. It is also necessary to clearly put forward the criminal responsibility of the defendant and the specific litigation request and object of incidental civil action. When the victim files a private prosecution, there are evidences or clues that can prove the defendant's criminal facts. Professional criminal defense lawyers tell you that it is better to ask for help than to ask for help. In this case, you can't expect the public security organ to change its decision. It is the last word to file a private prosecution with the court. Of course, the legal issues involved in "how to file a criminal private prosecution" are more professional, so it is better to entrust a legal professional to act as an agent, and the effect will be better.