(1) The informant can directly inquire whether to file a case at the local public security organ or contact the police;
(2) If the complainant decides not to file the case, the public security organ will make a notice of not filing the case and send it to the complainant within three days.
The following conditions must be met for filing a case:
1. There are criminal facts, that is, cases that have been accepted, and the criminal suspect's behavior has violated the criminal law and constituted a crime. This kind of criminal fact is objective and not subjective;
2. Criminal responsibility should be investigated, that is, the criminal acts of criminal suspects need to be punished by law.
the procedure for the court to hear a case
1. After receiving the complaint from the parties, the people's court shall conduct an examination in accordance with the law.
2. When the people's court examines a case, it finds that the plaintiff or private prosecutor proves that the main evidence claimed by him is not available, it shall promptly notify him to supplement the evidence within a time limit, record the notice of supplementary evidence, and start counting the relevant evidential materials supplemented by the parties from the date of receiving the complaint of the parties.
3. After receiving the complaint and relevant evidential materials, the people's court shall register and issue a receipt to the plaintiff or private prosecutor. The receipt shall indicate the name of the evidence, the original or photocopy, the time of receipt, the number of copies and the number of pages. After the photocopy is checked with the original, it shall be signed or sealed by the judge in charge of examination and prosecution, and the plaintiff and the private prosecutor shall also sign or seal the receipt and file it in the file. If the plaintiff withdraws the lawsuit before filing the case or before filing the case, the prosecution materials shall be returned and signed by the parties.
4. If the plaintiff insists on prosecution because it does not meet the statutory acceptance conditions after examination, it shall rule that it will not be accepted; If the private prosecutor insists on prosecution, he shall rule to dismiss the prosecution.
5. The ruling of not accepting and rejecting the prosecution shall be made by the judge in charge of examining and prosecuting, submitted to the president or the president for examination and approval, and signed by the judge and the clerk in charge of examining and prosecuting, and stamped with the seal of the people's court.
In addition to the approval of the president or the president, the ruling on inadmissibility and rejection of prosecution of an administrative case shall be signed by the members of the collegial panel and the clerk, and affixed with the seal of the people's court.
6. If the prosecution meets the acceptance conditions after examination, the approval form for filing a case shall be filled in, and the judge in charge of examination and prosecution shall decide whether to file a case. Among them, the complicated and new cases shall be reported to the presiding judge and the dean for examination and approval. Major and difficult cases should be reported to the president for approval or discussed and decided by the judicial Committee.
7. If a case is decided to be put on file after examination, the plaintiff shall be informed of the calculation result of the case, and a notice of case acceptance shall be issued to the plaintiff or the private prosecutor; Enter the names and causes of the parties to the case into the computer for filing.
8. if the court decides to file a case, it shall transfer the case to the relevant trial court within two days, and go through the transfer procedures, indicating the date of transfer. If it is decided to accept or register the case after examination, it shall be the date of filing. The filing personnel shall input the filing date and transfer date into the computer in time.
The process of filing a case is as follows:
1. The parties concerned shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the acceptance notice. If there are real difficulties, they can submit a written application for reduction, deferment and exemption to our court within the prepayment period. If they fail to pay the case within the time limit or fail to submit the written application for deferment, reduction and exemption, our court will take the ruling as an automatic withdrawal.
2. After filing the case, the court will arrange for the trial of the case, and the parties should obey the work arrangement of the court, and settle the litigation expenses in the financial office after closing the case, and refund more and make up less.
Legal basis: Article 164 of the Provisions of Public Security Organs on Procedures for Handling Criminal Cases
When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for one month with the approval of the president of our hospital.
Article 183
When trying an appeal case against a judgment, the people's court shall conclude it within three months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it shall be approved by the president of the court. The people's court shall make a final ruling within 3 days from the date of filing the case of second instance when trying an appeal case against the judgment.
Article 175 of the Procedures for Handling Criminal Cases by Public Security Organs
After accepting a case, a public security organ considers that there are criminal facts and needs to be investigated for criminal responsibility. If it is under its jurisdiction, it 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 do not need to be investigated for criminal responsibility, or there are other circumstances that do not need to be investigated for criminal responsibility 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 the 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.
Civil Procedure Law
Article 123 The people's court shall protect the parties' right to sue in accordance with the law. If a lawsuit is brought in accordance with the provisions of Article 119 of this Law, it must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall rule that it will not be accepted within seven days; If the plaintiff refuses to accept the ruling, he may appeal.
Article 87 of the Criminal Procedure Law
When a public security organ requests the arrest of a criminal suspect, it shall write a approval of arrest and transfer it to the people's procuratorate at the same level for examination and approval together with the case file and evidence. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
Article 88
After examining and approving the arrest, the people's procuratorate may interrogate the criminal suspect; Under any of the following circumstances, the criminal suspect shall be questioned:
(1) If there is doubt about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(3) There may be major illegal acts in the investigation activities. Major violation of the law.
The people's procuratorate that examines and approves the arrest may question witnesses and other participants in the proceedings and listen to the opinions of defenders; When a defender makes a request, he shall listen to his opinions.