Criminal reconsideration

Criminal reconsideration generally thinks that criminal cases are not filed and there are relief channels in the criminal procedure law, which does not belong to the scope of administrative reconsideration. Criminal reconsideration shall be carried out in accordance with the "Procedures for Public Security Organs to Handle Criminal Reconsideration Review Cases". The Provisions on the Procedures for Public Security Organs to Handle Criminal Reconsideration and Review Cases was adopted at the executive meeting of the Minister of Public Security on September 4, 20 14, and was issued by People's Republic of China (PRC) DecreeNo. 133 on September 3, 20 14. The Ordinance consists of 5 chapters and 35 articles, including general provisions, application, acceptance and review, decisions and supplementary provisions, and will be implemented as of 20 14 1 1. Where the relevant provisions formulated by the Ministry of Public Security before the promulgation of these Provisions are inconsistent with these Provisions, these Provisions shall prevail. The decision not to file a criminal case is an act explicitly authorized by the Criminal Procedure Law, which has special relief channels and should not be included in the scope of accepting cases for administrative reconsideration. Therefore, administrative reconsideration and criminal reconsideration are completely different and have a hierarchical relationship! It is mutual supervision and management, so that everyone knows the justice of the law.

Legal basis: Provisions on Procedures of Public Security Organs for Handling Criminal Reconsideration and Reviewing Cases Article 6 In the process of handling criminal cases, the following relevant personnel may apply for criminal reconsideration to the public security organ that made the decision according to law:

(1) If the party refuses to accept the decision to reject the application for withdrawal, the party concerned, his legal representative, agent ad litem and defense lawyer may raise it;

(2) If he refuses to accept the decision to confiscate the deposit, the person who has been released on bail pending trial or his legal representative may raise it;

(3) If the guarantor refuses to accept the penalty decision, he may propose it himself;

(four) the complainant refuses to accept the decision not to file a case, you can put forward;

(five) if the administrative organ that transferred the case refuses to accept the decision not to file a case, it may submit it to the administrative organ.

"Provisions on the Procedures for Public Security Organs to Handle Criminal Reconsideration Review Cases" Article 7 If an applicant for criminal reconsideration refuses to accept the decisions made by the public security organs in Item 2 to Item 4 of Article 6 of these Provisions, he may file an application for criminal reconsideration with the public security organ at the next higher level.

Article 8 of the Procedures for Public Security Organs to Handle Criminal Reconsideration and Review Cases shall file a case within the time limit stipulated in the Procedures for Public Security Organs to Handle Criminal Cases. If the case cannot be filed within the statutory time limit due to force majeure or other legitimate reasons, the corresponding certification materials shall be submitted within five working days after the obstacle is removed. If it is approved by the criminal reconsideration or review institution, the delayed time shall not be counted in the statutory application period.

The "other legitimate reasons" mentioned in the preceding paragraph include:

(a) unable to apply for criminal reconsideration or review within the statutory application period due to serious illness;

(2) The legal representative of a person without capacity or with limited capacity cannot be determined within the statutory application period;

(three) the legal person or other organization is merged, divided or terminated, and it is impossible to determine the legal person or other organization that will inherit its rights within the statutory application period;

(four) other legitimate reasons identified by the criminal reconsideration and review institutions.