The person concerned in a criminal case refuses to accept the decision made by the public security organ to reject the application, withdraw the application, confiscate the deposit, impose a fine on the guarantor, refuse to file a case, etc. They apply to the public security organ for criminal reconsideration and review, and the public security organ accepts the application for criminal reconsideration and review and makes a decision on criminal reconsideration and review.
First, the difference between criminal reconsideration and review
1 has different meanings.
Reconsideration refers to the judicial organ's reconsideration or re-examination of the decision made according to the application or request made by the relevant organs and parties.
Review refers to the specific judicial procedure of death penalty cases imposed by the court; Review it again.
Step 2 emphasize differences
Reconsideration refers to putting forward opinions and discussing the matters that have been decided again to determine whether the original decision is in line with the law and the facts. The review emphasizes the further discussion and verification of a certain decision, so as to improve the correctness of the decision.
2. Who can't file a criminal reconsideration?
1. If a party refuses to accept the decision to reject the application for withdrawal, the party and his legal representative, agent ad litem and defense lawyer may raise it;
2, refuses to accept the decision to confiscate the deposit, the person who has been released on bail or his legal representative can put forward;
3. If the guarantor refuses to accept the fine decision, he may propose it himself;
4. If the complainant refuses to accept the decision not to file a case, he may file a complaint;
5, the administrative organ that transferred the case refuses to accept the decision not to file a case, the administrative organ may put forward.
3. What is the time limit for applying for criminal reconsideration?
The application for criminal reconsideration and review shall be made within the time limit prescribed by the public security organ for handling criminal cases. If it cannot be made within the statutory time limit due to force majeure or other legitimate reasons, it shall submit the corresponding certification materials within five working days after the obstacle is eliminated. If it is approved by the criminal reconsideration or review institution, the delayed time shall not be counted in the statutory application period. The "other legitimate reasons" mentioned in the preceding paragraph include:
1, unable to apply for criminal reconsideration or review within the statutory application period due to serious illness;
2. The legal representative of a person without capacity or with limited capacity cannot be determined within the statutory application period;
3. The legal person or other organization is merged, divided or terminated, and it is impossible to determine the legal person or other organization that will inherit its rights within the statutory application period;
4, other legitimate reasons identified by the criminal reconsideration and review authorities.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 31 The withdrawal of judges, prosecutors and investigators shall be decided by the president, the procurator-general and the person in charge of the public security organ respectively. The withdrawal of the president is decided by the judicial Committee of our hospital; The withdrawal of the procurator-general and the person in charge of the public security organ shall be decided by the procuratorial committee of the people's procuratorate at the same level.
Investigators can't stop investigating the case before making a decision to withdraw the case.
The parties and their legal representatives may apply for reconsideration of the decision to reject the application for withdrawal.