According to Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Economic Contract Dispute Cases Suspected of Economic Crimes, the court shall transfer the clues and materials of suspected crimes to the relevant public security organs or procuratorial organs for investigation. However, according to the civil legal norms, if the parties constitute a civil legal relationship and do not affect the trial of the civil case, the civil case may continue to be tried.
Suspected crimes are discovered in the trial, and the facts confirmed in suspected criminal cases will directly affect the nature, effectiveness and responsibility of civil disputes.
In accordance with the provisions of Item (5) of Paragraph 1 of Article 136 of the Civil Procedure Law of People's Republic of China (PRC), the trial shall be suspended, and the criminal clues shall be transferred to the relevant public security organs or procuratorial organs, and the trial shall be resumed after the criminal proceedings are concluded.
If a suspected crime is found in the trial, it does not constitute civil liability. For example, if it is found that an outsider is suspected of embezzling or engraving the official seal of the unit to engage in fraud, and the unit is not at fault as a civil defendant, it should not bear civil liability, that is, there is no civil legal relationship between the parties to the contract, and the court should transfer the whole case.
Therefore, whether to transfer or suspend the trial is mainly based on whether it affects the trial of civil cases.
According to Article 175 of the Procedures for Handling Criminal Cases by Public Security Organs, after accepting a case, if the public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, it shall file a case with the approval of the person in charge of the public security organ at or above the county level;
If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
Article 176 stipulates that if the complainant refuses to accept the decision not to file a case, he may apply for reconsideration to the public security organ that made the decision within seven days after receiving the notice not to file a case; The public security organ shall make a decision within seven days after receiving the application for reconsideration and notify the complainant in writing.
If the complainant refuses to accept the decision not to file a case for reconsideration, he may apply for reconsideration to the public security organ at the next higher level within seven days after receiving the reconsideration decision; The public security organ at the next higher level shall make a decision within seven days after receiving the application for review. If the public security organ at a higher level cancels the decision not to file a case, the public security organ at a lower level shall implement it.
Extended data:
Chapter VII Filing a Case and Withdrawing a Case
Section 1 Acceptance of Cases
Article 166 A public security organ shall immediately accept a citizen's abduction, report, complaint, report or the criminal suspect's voluntary surrender, inquire about the situation and make a record. After verification, the abductor, informant, accuser, prosecutor and surrenderer shall sign and press their fingerprints. When necessary, audio or video recordings shall be made.
Section 2 Legislation
Article 175 After accepting a case, the public security organ shall, after examination, consider that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and file a case with the approval of the person in charge of the public security organ at or above the county level;
If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
Section 3 Withdrawal of Prosecution
Article 183 If one of the following circumstances is found after investigation, the case shall be dismissed:
(1) There are no criminal facts;
(two) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(3) The crime has passed the limitation period for prosecution;
(4) Being exempted from punishment by an amnesty order;
(5) The criminal suspect is dead;
(six) other people who are not investigated for criminal responsibility according to law.
After investigation, it is found that there are criminal facts that need to be investigated for criminal responsibility, but they are not committed by criminal suspects who have filed a case for investigation, or some criminal suspects in the same criminal case are not enough for criminal punishment, the investigation of relevant criminal suspects shall be terminated and the case shall be continued.
Article 10
When the people's court finds clues and materials related to economic crimes that do not belong to the same legal relationship with this case in the trial of economic disputes, it shall transfer the clues and materials to the relevant public security organs or procuratorial organs for investigation, and the economic disputes shall continue to be tried.
Article 11
As an economic dispute case, if the people's court finds that it is not an economic dispute case but is suspected of an economic crime, it shall rule to dismiss the prosecution and transfer the relevant materials to the public security organ or the procuratorial organ.
Article 12
If a public security organ or a procuratorial organ considers an economic dispute case that has been put on file by a people's court to be suspected of an economic crime, and explains the reasons and sends a letter to the people's court accepting the case with relevant materials, the relevant people's court shall carefully examine it.
If it is found that there is suspicion of economic crime after examination, the case shall be transferred to the public security organ or the procuratorial organ, and the parties concerned shall be notified in writing to refund the case acceptance fee; If it is considered as an economic dispute case, it shall continue to hear the case according to law and inform the relevant public security organ or procuratorial organ of the result.
Baidu Encyclopedia-Procedures for Public Security Organs to Handle Criminal Cases
Baidu Encyclopedia-the Supreme People's Court's Report on the Trial of Economic Disputes Involving Economic Crimes