The first category, which is not under the jurisdiction of the local public security, 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, and transfer it to the organ with jurisdiction in accordance with Article 172 of the Procedures for Handling Criminal Cases by Public Security Organs. Apply for reconsideration step by step until you find the same superior.
Second, if the public security believes that it is not a criminal case, it is necessary to issue a notice of non-filing, and apply to the public security organ for reconsideration on the basis of the notice of non-filing (we have to explain the situation if the public security refuses to issue it) (this is generally useless and can be skipped directly);
If the case is not filed, it shall apply for reconsideration to the public security at the next higher level;
If the public security at a higher level fails to file a case, it shall report to the people's procuratorate. If there is a notice not to file a case, go to the procuratorate at the next higher level. If there is no notice not to file a case, go to the people's procuratorate at the same level.
Article 179 of the Procedures for Handling Criminal Cases by Public Security Organs: If the people's procuratorate requests to explain the reasons for not filing a case, the public security organ shall, within seven days after receiving the notice, explain in writing the situation, basis and reasons for not filing a case and reply to the people's procuratorate. If the public security organ makes a decision to file a case, it shall send a copy of the decision to file a case to the people's procuratorate.
Extended data 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.
Qingyang District Public Security Bureau-Chengdu Public Security Organs Handling Criminal Cases Procedures