I. Overview of the jurisdiction of criminal cases:
1. Criminal cases are under the jurisdiction of the public security organs at the place where the crime was committed. If it is more appropriate to have the jurisdiction of the public security organ of the place where the criminal suspect resides, the case may be under the jurisdiction of the public security organ of the place of residence of the criminal suspect.
The place of crime includes the place where the crime is committed and the place where the results of the crime occur. The place where the criminal act occurs, including the place where the criminal act is committed and prepared, the starting place, the place where it passes, the place where it ends, and other places related to the criminal act; if the criminal act has continuity, persistence or continuity, the criminal act is committed continuously The place where the crime is committed, the place where it is continued or the place where it is continued shall be the place where the criminal act occurred.
The place where the criminal results occurred includes the place where the criminal object was violated and the place where the proceeds of crime were actually obtained, hidden, transferred, used or sold.
The place of residence includes the place of household registration and the place of habitual residence. The place of usual residence refers to the place where a citizen last lived continuously for more than one year after leaving the place of household registration.
If laws, judicial interpretations or other normative documents have special provisions on the jurisdiction of criminal cases, those provisions shall prevail.
2. As long as there is a clear defendant when filing a case, there is no need to issue a household registration certificate. If necessary, you can entrust a lawyer to go to the police station or public security bureau where the defendant is registered to issue one.
2. The criminal cases directly accepted by the People’s Procuratorate for investigation mainly fall into the following three categories:
1. Corruption and bribery crimes. This type of crime refers to the crimes of corruption and bribery of state functionaries stipulated in Chapter 8 of the Criminal Law, the crime of misappropriation of funds and materials for disaster relief and emergency rescue, the crime of misappropriation of public funds, the crime of unknown sources of huge amounts of property, the crime of concealing overseas deposits, and other chapters that are expressly stipulated in other chapters. Crimes that are convicted and punished in accordance with Chapter 8 of the Criminal Law: Corruption and Bribery.
2. Crime of dereliction of duty by state functionaries. According to the relevant provisions of Chapter 9 of the "Criminal Law", this type of crime includes cases of dereliction of duty by state functionaries, leaking state secrets, engaging in malpractice for personal gain, bending the law for personal gain, and privately returning criminal suspects, defendants, and criminals. In addition, Article 248 of Chapter 4 of the Criminal Law stipulates that the crime of beating, corporal punishment, and abuse of detainees by supervisors shall be under the jurisdiction of the People's Procuratorate.
3. Crimes committed by state agency staff that infringe upon citizens’ personal rights and democratic rights by taking advantage of their powers. It mainly refers to illegal detention cases, torture and confession cases, revenge and frame-up cases, illegal search cases, violent evidence collection cases, and election sabotage cases carried out by state agency staff who took advantage of their powers.
In addition to the above three types of criminal cases, paragraph 2 of Article 18 of the Criminal Procedure Law also stipulates that other major criminal cases committed by state agency staff using their powers should be understood as the People’s Procuratorate’s investigation Strengthen case-filing supervision over the investigation activities of public security organs. For most criminal investigation activities, they should be conducted strictly in accordance with the provisions of the Criminal Procedure Law. Only when a very small number of state agency staff use their powers to commit other major crimes and it is not appropriate for the public security agency to file a case for investigation, it must be under the direct jurisdiction of the People's Procuratorate and provincial-level If the above-mentioned People's Procuratorate files a case for investigation, the People's Procuratorate may decide to file a case for investigation.
Legal basis:
"The People's Republic of China" and the "National Criminal Procedure Law"
Article 19 The investigation of criminal cases shall not be governed by the law. Unless otherwise provided, it shall be conducted by the public security organs.
In the process of legal supervision of litigation activities, the People's Procuratorate found that judicial staff took advantage of their powers to commit illegal detention, torture to extract confessions, illegal searches and other crimes that infringed on citizens' rights and undermined judicial fairness. The People's Procuratorate may be prosecuted by the people. The procuratorate opened the case for investigation. For major criminal cases committed by staff of state organs under the jurisdiction of public security organs who take advantage of their powers, if the People's Procuratorate needs to directly file the case for investigation, the People's Procuratorate may file the case for investigation upon the decision of the People's Procuratorate at or above the provincial level.
Private prosecution cases shall be prosecuted directly to the People's Court.