Criminal reconsideration and review procedures

Procedural provisions for criminal reconsideration and review:

1. If the parties involved in a criminal case are dissatisfied with the decision of the public security organ to reject or cancel the application, confiscate the deposit, fine the guarantor, or refuse to file the case, they should submit a criminal reconsideration or review application to the public security organ;

2. When public security organs accept criminal reconsideration and review applications and make criminal reconsideration and review decisions, they must follow the principles of legality and fairness and the principle that mistakes must be corrected.

In the process of handling criminal cases, the following persons may apply for criminal reconsideration to the public security organ that made the decision in accordance with the law:

1. If the party is dissatisfied with the decision to reject the recusal application, the party and its legal representative, litigation agent, and defense lawyer may file an application;

2. If the guarantor is dissatisfied with the decision to confiscate the security deposit, the party detained pending trial or his legal representative may file a complaint;

3. If the guarantor is dissatisfied with the decision to impose a fine, the guarantor may file a request;

4. If the accuser is dissatisfied with the decision not to file a case, the accuser may file a complaint;

5. If he is dissatisfied with the decision not to file a case, the administrative agency to which the case was transferred may file a complaint.

Legal basis: Article 179 of the "People's Law of the People's Republic of China" and the "National Criminal Procedure Law"

For cases transferred for prosecution by the public security organs, the People's Procuratorate decided If not to prosecute, a decision not to prosecute should be sent to the public security organ. If the public security organ believes that the decision not to prosecute is erroneous, it may submit a request for review; if it is dissatisfied with the review opinion, it may submit a request to the People's Procuratorate at the next higher level for review.

Article 34

If the judicial personnel who should be recused do not recuse themselves, and the parties and their litigation representatives do not apply for disqualification, the president or the judicial committee shall decide to recuse themselves.

Article 35

The people's court may make a decision orally or in writing on an application for recusal made by a party and its agent ad litem, and notify the applicant.

If the recusal application of the party and his legal representative is rejected, he may apply for reconsideration once after receiving the decision letter. If an application for recusal does not fall under the circumstances specified in Articles 29 and 30 of the Criminal Procedure Law, the court shall reject it in court and shall not apply for reconsideration.