For the case clues that belong to the supervision of criminal filing, the back office should register and fill in the "Registration Form of Criminal Filing Supervision Clues" to conduct a serious and comprehensive review; Clues that do not belong to the supervision of criminal filing will be transferred to relevant departments for handling with the approval of the director of the department (department).
Step 2 investigate
Before asking the public security organ to explain the reasons for not filing a case, the investigation and supervision department shall conduct necessary investigations, and the investigation plan shall be reported to the person in charge of the investigation and supervision department and the competent procurator-general for approval. Investigation should find out whether it meets the conditions for filing a criminal case; Whether it belongs to the jurisdiction of public security organs; Whether the public security organ files a case. The investigation should be carried out in strict accordance with the law, and compulsory measures are strictly prohibited; The investigation should be conducted in secret, without revealing the intention, and generally without contact with criminal suspects.
3. Ask for reasons for not filing a case.
After investigating and verifying the relevant evidence, the investigation and supervision department of the people's procuratorate thinks that the public security organ should file a case for investigation instead of filing a case for investigation, and it is necessary for the public security organ to explain the reasons for not filing a case. With the approval of the Procurator-General, a Notice on Requirements for Explaining the Reasons for Not Filing a Case will be made, requiring the public security organ to explain the reasons for not filing a case in writing within seven days.
4, review the reasons for not filing a case
The investigation and supervision department of the people's procuratorate shall conduct necessary investigations when examining the reasons why the public security organ refuses to file a case. After examination, it is considered that the reason why the public security organ does not file a case cannot be established, and it shall notify the public security organ to file a case. After the investigation and supervision department of the people's procuratorate issued the Notice of Asking for Explaining the Reasons for Not Filing a Case to the public security organ, if the public security organ fails to explain the reasons for not filing a case within seven days, the investigation and supervision department of the people's procuratorate may issue the Notice of Correcting the Violation, and if the existing materials clearly indicate that it is necessary to file a case for investigation, it may also directly issue the Notice of Filing a Case to the public security organ. If the public security organ takes the initiative to correct and file a case after receiving the notice from the procuratorial organ asking for the reasons for not filing a case, the people's procuratorate does not need to issue a notice of filing a case again.
5. Accept complaints from victims
If the victim thinks that the public security organ will not file a case for investigation and lodge a complaint with the people's procuratorate, the people's procuratorate shall accept it. If the complaint department considers it necessary for the public security organ to explain the reasons for not filing the case after examination, it shall transfer the case to the investigation and supervision department for handling. After the public security organ explains the reasons for not filing a case, if the investigation and supervision department thinks that the reasons for not filing a case are established, it shall make a Notice of Examination Opinions on the Reasons for Not Filing a Case and notify the appeal department, which will inform the victim of the reasons and basis for not filing a case within ten days; If the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case.
6. Notification filing standard
Notifying the public security organs to file a case should be strictly controlled, and generally it should be a case that can be arrested, prosecuted and sentenced.
7. Decided to notify the case.
The investigation and supervision department of the people's procuratorate shall notify the public security organ to file a case, which shall be decided by the procurator-general. Major or difficult or complicated cases shall be submitted by the procurator-general to the procuratorial committee for discussion and decision.
8. Delivery and notification
When the investigation and supervision department of the people's procuratorate notifies the public security organ to file a case, it shall make a notice of filing a case, serve it on the public security organ, and send a copy to the investigation and supervision department of the people's procuratorate at the next higher level for the record. When the investigation and supervision department of the people's procuratorate serves the notice of filing a case, it shall also transfer the relevant materials that should be filed to the public security organ, inform the public security organ that it should file a case within 15 days, and serve the decision on filing a case to the investigation and supervision department of the people's procuratorate. "Relevant materials that should be put on file" mainly refers to the complaint materials of victims, or the materials found by procuratorial organs in the process of reviewing reports, approving arrests and reviewing prosecutions. The investigation and supervision department of the people's procuratorate may not carry out investigation in the supervision of filing a case, but may conduct necessary investigation and verification on the relevant materials notified by the public security organ to file a case.
9. Follow-up supervision after filing the case.
If the investigation and supervision department of the people's procuratorate notifies the public security organ to file a case, it shall follow up and supervise the implementation of the notified case according to law. If the public security organ refuses to file a case within fifteen days after receiving the notice of filing a case, the investigation and supervision department of the people's procuratorate shall issue a notice of correcting the violation to correct it. If the public security organ still refuses to make corrections, it shall report to the investigation and supervision department of the people's procuratorate at the next higher level, which shall be handled by the public security organ at the same level, or report to the Standing Committee of the people's congress at the same level. If the public security organ has received the notice of filing a case, but has not delivered the decision on filing a case to the investigation and supervision department of the people's procuratorate, it shall request the public security organ to deliver the decision on filing a case to the investigation and supervision department of the people's procuratorate. Although the public security organ has filed a case after receiving the notice of filing the case, it has not filed a case for investigation after filing the case, and it has been delayed for a long time. It should promptly urge and report to the investigation and supervision department of the procuratorate at the next higher level when necessary, which will urge the public security organ at the same level to correct it. If the conditions for arrest are met, it is suggested that the public security organ draw for arrest. To deliberately obstruct the investigation, it is necessary to suggest that the relevant departments seriously investigate and deal with it and hold the relevant personnel accountable. If a criminal suspect is at large, the public security organ shall be urged to intensify the pursuit. The investigation and supervision department of the people's procuratorate has informed the public security organs that there are many criminal suspects, and the public security organs have only put some criminal suspects on file, and the investigation and supervision department of the people's procuratorate shall issue a Notice of Correcting Violation to correct them. If the investigation and supervision department of the people's procuratorate notifies the case to be filed and the public security organ cancels it after filing the case, if the investigation and supervision department of the people's procuratorate considers the case to be improper after examination, it shall issue a Notice of Correcting the Illegal Act and notify the public security organ to correct it.
legal ground
Provisions on filing procedures of administrative retrial cases in municipalities directly under the Central Government of the Supreme People's Court
Article 1 An application for retrial shall meet the following conditions:
(a) the applicant for retrial is a party listed in the effective judgment document, or other citizens, legal persons or other organizations that are not listed in the judgment document for reasons not attributable to themselves, but have an interest in the administrative act;
(2) The court that accepts the application for retrial is the people's court at the next higher level that made the effective judgment;
(3) The judgment applying for retrial belongs to the effective judgment stipulated in Article 90 of the Administrative Procedure Law;
(four) the reasons for applying for retrial belong to the circumstances stipulated in Article 91 of the administrative procedure law.
Article 2 The people's court shall not file an application for retrial under any of the following circumstances:
(1) Re-applying after the application for retrial is rejected;
(2) filing an application for a retrial judgment or ruling;
(3) The people's procuratorate applies after making a decision not to put forward procuratorial suggestions or protest against the application of the party concerned;
The people's court shall inform the parties concerned that they may apply to the people's procuratorate for procuratorial suggestions or protests under the circumstances specified in items 1 and 2 of the preceding paragraph.
Article 3 Where another person is entrusted to apply for retrial, the agent ad litem shall be the following persons:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
Article 4 To apply for retrial, the following materials shall be submitted:
(a) an application for retrial, and submit a copy according to the number of the respondent and other parties in the original trial;
(2) If the applicant for retrial is a natural person, a copy of the identity certificate shall be submitted; If the applicant for retrial is a legal person or other organization, it shall submit a copy of the business license, a copy of the organization code certificate, and the identity certificate of the legal representative or principal responsible person; If a legal person or other organization cannot provide a copy of the organization code certificate, it shall submit a statement of the situation;
(three) to entrust others to apply for retrial, it shall submit the power of attorney and the identity certificate of the agent;
(four) the original of the judgment, ruling and mediation, or check the copy of the original;
(5) Other materials required by laws and regulations.
Article 5 When applying for retrial, a party shall generally submit the following materials:
(a) An indictment in the original instance and an appeal in the second instance.
(2) The main evidential materials submitted during the original trial;
(3) Evidence supporting the reasons for applying for retrial and the retrial request;
(4) Evidence that the administrative organ has made relevant administrative acts;
(five) to apply to the administrative organ for relevant evidence of the administrative organ's inaction;
(6) Other materials that need to be submitted.
Article 6 When an applicant for retrial submits an application for retrial and other materials, he shall fill in the confirmation of service address and attach the electronic text of relevant materials.
Article 7 An application for retrial shall contain the following items:
(a) the basic information of the applicant for retrial, the respondent and other parties in the original trial. If the party is a natural person, the name, sex, date of birth, nationality, address, effective telephone number and mailing address shall be listed; If the party concerned is a legal person or other organization, it shall specify the name and domicile, and the name, position, effective telephone number and mailing address of the legal representative or principal responsible person;
(2) The name of the people's court that originally tried the case, and the case number of the judgment, ruling or conciliation statement that originally tried the case;
(3) Specific requests for retrial;
(four) the specific legal reasons, facts and reasons for applying for retrial;
(5) The name of the people's court that accepted the application for retrial;
(6) The signature, seal or seal of the retrial applicant;
(seven) the date of submitting the application for retrial.