1, there are three criminal filing criteria, namely:
(1) After investigation, it is considered that there are criminal facts and criminal responsibility needs to be investigated;
(2) The case is under the jurisdiction of the public security organ;
(3) approved by the person in charge of the public security organ at or above the county level.
2. Legal basis: Article 178 of the Procedures for Handling Criminal Cases by Public Security Organs.
After accepting a case, the public security organ shall, after examination, consider that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
If new facts or evidence are found after deciding not to file a case, or if the original facts are found to be wrong and need to be investigated for criminal responsibility, the case shall be filed in time.
Second, what is the process of the investigation stage of criminal cases?
1. The public security organ may impose criminal detention on the flagrante delicto or major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect;
2. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law;
3. If the suspect is arrested, the lawyer hired can apply for bail pending trial;
4, the public security organs of the criminal suspect after the arrest of the investigation detention period shall not exceed two months. If the case is complicated and the time limit cannot be ended, it may be extended for one month with the approval of the people's procuratorate at the next higher level;
5, the public security organs to investigate the end of the case, it should be clear about the facts of the crime, the evidence is true and sufficient, write a prosecution opinion, together with the case files and evidence, transferred to the people's procuratorate at the same level for examination and decision.