Whether criminal proceedings can be instituted depends on the specific circumstances. After receiving a criminal complaint, the public security organ shall immediately review the contents of the complaint, and if it finds that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case for investigation and let the perpetrator bear criminal responsibility; After examination, no criminal facts are found, or criminal responsibility is not required, 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 the reasons, he may apply to the public security organ at the next higher level for administrative reconsideration.
Criminal Procedure Law of the People's Republic of China
Article 112
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.