According to Article 15 of the Regulations of Public Security Organs on Handling Economic Crimes, the time limit for filing and reviewing contract fraud crimes can be extended to 60 days at the longest. In order to improve the probability of "filing a case" and shorten the review period, the whistleblower should provide concise report documents and complete evidence materials to the investigation organ for review.
2. file a case. After accepting a case, the public security organ may take investigation measures other than compulsory measures, including inquiry, inquiry, inspection, appraisal, and obtaining evidence materials. In other words, after accepting a case, the public security organ will not directly use harsh means such as "arresting people" and "freezing property", but can use general means to conduct a preliminary investigation, and then decide whether to file a case according to the investigation results. If the public security organ decides to file a case after examination, it will give the informant a "Decision on Filing a Case", indicating that the case has been successfully reported.
3. Investigation and evidence collection
After filing a case, the public security organ actively investigates within 30 days, but still cannot collect enough evidence to prove that there are criminal facts that need to be investigated for criminal responsibility against the criminal suspect, it shall immediately dismiss the case or terminate the investigation. Major, difficult and complicated cases may be extended for another 30 days with the approval of the person in charge of the public security organ at the next higher level.
4, transferred to the procuratorate
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.
legal ground
Provisions of public security organs on handling economic crime cases
Fifteenth public security organs should immediately review the accusation, accusation, report and surrender of suspected economic crimes, and decide whether to file a case within seven days; Major, difficult and complicated clues can be extended to 30 days with the approval of the person in charge of the public security organ at or above the county level; Particularly important, difficult, complex or cross-regional clues, with the approval of the person in charge of the public security organ at the next higher level, the time limit for filing a case for review can be extended for another 30 days.
Seventeenth public security organs shall file a case if they meet the following conditions after filing a case for examination:
(1) There are criminal facts;
(2) The amount, result or other circumstances of the suspected crime meet the standards for filing and prosecuting economic crime cases, and criminal responsibility needs to be investigated;
(3) Being under the jurisdiction of public security organs.
Article 18
After filing a case, the public security organ actively investigates within 30 days, but still cannot collect enough evidence to prove that there are criminal facts that need to be investigated for criminal responsibility against the criminal suspect, it shall immediately dismiss the case or terminate the investigation. Major, difficult and complicated cases may be extended for another 30 days with the approval of the person in charge of the public security organ at the next higher level.
If the public security organ at a higher level thinks that it should not file a case and order it to be corrected within a time limit, or if the people's procuratorate thinks that it should not file a case and notify it to be revoked, the public security organ shall promptly revoke it.
Criminal procedure law
Article 156 The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
Article 157 For particularly serious and complicated cases that are not suitable for trial for a long time due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Article 158
If the investigation of the following cases cannot be completed within the time limit specified in Article 156 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Article 159 A criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years. If the extended period stipulated in Article 158 of this Law expires and the investigation is terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government.