Legal basis: some provisions of public security organs in handling economic crime cases
Article 18 In the process of filing a case for review, if the facts or clues of the case are unknown, with the approval of the person in charge of the case-handling department of the public security organ, measures that do not restrict the personal and property rights of the investigated object can be taken in accordance with the regulations, such as inquiry, inquiry, inspection, appraisal and obtaining evidence materials. After examination, it is considered that there are criminal facts that need to be investigated for criminal responsibility, and the person in charge of the public security organ at or above the county level shall approve the case. After placing a case on file, the public security organ shall take investigation measures, but generally it shall not take compulsory measures to restrict personal and property rights. If it is really necessary, it must be strictly in accordance with the conditions and procedures prescribed by law. It is strictly forbidden to seal up, detain or freeze the property involved, and it is strictly forbidden to detain or arrest criminal suspects without a license. After filing a case, the public security organ actively investigates within 30 days, but still cannot collect enough evidence to prove that there are criminal facts that need to be investigated for criminal responsibility against the criminal suspect, it shall immediately dismiss the case or terminate the investigation. Major, difficult and complicated cases may be extended for another 30 days with the approval of the person in charge of the public security organ at the next higher level. If the public security organ at a higher level thinks that it should not file a case and order it to be corrected within a time limit, or if the people's procuratorate thinks that it should not file a case and notify it to be revoked, the public security organ shall promptly revoke it.
Article 25 In the course of investigation, if the public security organ finds any of the following circumstances, it shall promptly dismiss the case: (1) The criminal suspect cannot be transferred for examination and prosecution or otherwise dealt with according to law within 12 months from the date of lifting the compulsory measures; (two) the criminal suspect has not been taken compulsory measures, and it is still unable to be transferred for examination and prosecution or other treatment according to law within two years from the date of filing the case; (3) The people's procuratorate has notified the cancellation of the case; (four) other cases of revocation in accordance with the law. If there are circumstances mentioned in the first and second paragraphs of the preceding paragraph, but there is evidence to prove that there are criminal facts that need further investigation, the case may continue to be tried without dismissing it with the approval of the person in charge of the public security organ at or above the provincial level. After the case is revoked, the public security organ shall immediately stop the investigation activities and lift the relevant investigation measures and compulsory measures. If new facts or evidence are found after the case is revoked and criminal responsibility needs to be investigated according to law, the public security organ shall re-file the case for investigation.
Twenty-eighth criminal suspects and their legal representatives, close relatives or defense lawyers to the public security organs, the public security organs shall promptly accept and carefully check. If there is evidence that the public security organ may illegally intervene in economic disputes, or take revenge, extortion and seek other illegal interests by using the case, the people's procuratorate shall request the public security organ to explain the reasons for filing the case in writing. The public security organ shall, within seven days, explain in writing the basis and reasons for filing the case, and reply to the people's procuratorate together with relevant evidential materials. If the people's procuratorate considers that the reasons for filing a case cannot be established, it shall notify the public security organ to cancel the case.