According to the Criminal Procedure Law of People's Republic of China (PRC), the provisions are as follows:
1 Article 112 The people's court, the people's procuratorate or the public security organ shall, within the scope of their jurisdiction, timely examine the materials of accusation, complaint, report and surrender, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
2. Article 113 If the people's procuratorate considers that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does not file a case for investigation, it shall request the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.
Extended data:
1. After accepting a case, the public security organ considers that the case with criminal facts that needs to be investigated for criminal responsibility belongs to its own jurisdiction, and the document approver shall hand it over to the public security organ at or above the county level; If it is considered that there is no criminal fact, or the criminal fact is obviously minor, and it is not necessary to pursue criminal responsibility, or there are other circumstances in which criminal responsibility is not pursued according to law, it shall not be filed in the public security organ at or above the county level where the document approver is responsible.
If the public security organ decides not to file a case, it shall make a notice of not filing a case and serve it on the petitioner within three days.
2. After investigation, criminal facts that need to be investigated for criminal responsibility are found, but the criminal suspect has not filed a case for investigation, or some criminal suspects in the same criminal case are not enough for criminal punishment, the investigation of the criminal suspect involved shall be terminated, and the investigation of the case is still going on.
3. The public security organ shall investigate the criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt, innocence or minor or serious crimes. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest may be arrested according to law.
China Government Network-People's Republic of China (PRC) Criminal Procedure Law