First, the whistleblower should submit written or oral report materials; Then the staff who received the report made a record; Then signed by the whistleblower after verification; In the end, the organ that accepts the report thinks that it belongs to its own jurisdiction, and if there are criminal facts that need to be investigated, it will accept it.
The filing procedure is the procedure, sequence and form of various litigation activities in the filing stage. The filing procedure mainly includes the acceptance of filing materials, the examination of materials and the treatment after examination.
I. Acceptance of filing materials
Acceptance of filing materials refers to the activities of public security organs, people's procuratorates or people's courts to receive and shelter persons or materials who report, accuse, report and surrender.
According to Article 84 of the Criminal Procedure Law, the public security organ, the people's procuratorate or the people's court shall accept the materials of reporting, accusing, reporting and surrendering, regardless of whether they are cases under their jurisdiction. Then transfer it to the competent authority for handling in accordance with the provisions of jurisdiction. Those who report, accuse, report and surrender orally shall be seriously inquired and interrogated, and the contents shall be recorded in the record. If there are any opinions, they should be allowed to correct them. After verification, it shall be allowed to sign or seal the record.
The staff who accept complaints and reports shall explain the legal responsibility of false accusation and frame-up to the complainants and informants, and ask them to be realistic, loyal to the facts and loyal to the law. However, false accusation is different from false accusation. Because false accusation and frame-up is the behavior that the actor deliberately fabricates facts and evidence and accuses others of committing crimes out of nothing; Misrecognition is that the confession of the actor is different from the facts because of cognitive errors. They are completely different in nature. The former is intentional and should be investigated for legal responsibility according to law. The latter should explain the situation to him and let him learn a lesson, rather than pursue legal responsibility.
The public security organ shall protect informants, complainants, informants and their close relatives from retaliation and ensure their safety. Informants, accusers and informers who are unwilling to disclose their names and report, accuse or report their acts shall keep them confidential in criminal proceedings.
However, in the trial stage, it is not restricted by this provision. Article 47 of the Criminal Procedure Law stipulates that a witness shall testify in court. Otherwise, the materials for reporting, accusing and reporting cannot be used as the basis for finalizing the case. Therefore, in this case, you should explain the reasons to them, ask them to testify in court or agree to disclose their names and the contents of the report, complaint and report.
In judicial practice, anonymous reporting should be analyzed in detail: on the one hand, because everyone is reported anonymously for fear of retaliation, its content is likely to be true and has evidential significance; On the other hand, it may be for the purpose of false accusation, or to divert the attention of judicial personnel and make false materials to report anonymously. Therefore, the materials reported anonymously can only be used as clues to the source of filing materials before verification, but not as the basis for filing a case.
Second, the filing materials review
The review of filing materials refers to the activities of public security organs, people's procuratorates or people's courts to check and investigate the accepted materials. Its task is to correctly determine whether there are criminal facts and whether the perpetrator should be investigated for criminal responsibility, so as to lay the foundation for making a correct decision on whether to file a case.
In order to do a good job in reviewing the filing materials, the following steps and methods are generally adopted:
1, fact review. To examine the facts, we must first examine whether there is an incident, and then examine whether the incident that has occurred belongs to a criminal case. If it is a criminal case, it is also necessary to examine whether the perpetrator needs to be investigated for criminal responsibility.
2, evidence or evidence clues review. The usual practice is: ask or interrogate informants, accusers, informants or surrenders; Consult the relevant units or organizations for evidence materials related to criminal facts and criminal suspects; When necessary, entrust relevant units or organizations to investigate certain issues on their behalf; In case of emergency, special investigation measures can be taken for special cases; The people's court shall carefully examine cases of private prosecution. If the evidence is insufficient, the private prosecutor shall be informed to provide supplementary evidence, and the court will generally stop the investigation before filing the case.
3. The investigation at the stage of filing a case is aimed at understanding the facts related to the crime, and should be carried out within the scope of finding out whether there are criminal facts and whether criminal responsibility should be investigated, and the scope cannot be expanded.
legal ground
Procedures for handling criminal cases by public security organs
Article 175
After examination, it is considered that there are criminal facts, but the case does not belong to its own jurisdiction, it shall immediately report to the person in charge of the public security organ at or above the county level for approval, make a notice of transferring the case, transfer it to the organ with jurisdiction for handling within 24 hours, and inform the sender, informant, accuser and informant. For those who are not under their jurisdiction and must take emergency measures, take emergency measures first, then go through the formalities and transfer them to the competent department.
For matters that do not fall within the scope of duties of public security organs, if they can judge on the spot when receiving a report, they shall immediately verbally inform the abductor, informant, accuser and informant to report to other competent authorities.
Cases that are repeatedly reported, being handled or completed shall be explained to the abductor, informer, accuser and informer, and registration shall be stopped unless there are new facts or evidence.