The difference between suspending investigation and filing an investigation

The difference between suspending an investigation and opening an investigation is that suspending an investigation is a disciplinary violation, while opening an investigation is a violation of law. Suspending an investigation and filing an investigation are both violations of laws and regulations, and are more serious than filing an investigation. After all, it is a criminal penalty.

According to the provisions of the Criminal Procedure Law, two conditions must be met for filing a case:

1. There are criminal facts;

2. The criminal facts will lead to criminal liability in accordance with the law. If there are criminal facts but the law stipulates that criminal liability is not pursued, the case cannot be filed.

Legal Basis

Article 37 of the Criminal Procedure Law: Defense lawyers may meet and communicate with criminal suspects and defendants in custody. Other defenders may also meet and communicate with criminal suspects and defendants in custody with the permission of the People's Court and People's Procuratorate.

If a defense lawyer requests to meet with a detained criminal suspect or defendant with a lawyer's practicing certificate, law firm certificate, power of attorney, or legal aid letter, the detention center shall arrange the meeting in a timely manner, no later than 48 hours.