2. If the circumstances are obviously minor and the harm is not great, it is not considered a crime;
3, the crime has passed the limitation period;
4. Exemption from punishment through Amnesty;
5. The criminal suspect dies;
6. Others shall not be investigated for criminal responsibility according to law.
1. What are the conditions for terminating the investigation?
Article 162 of the Criminal Procedure Law stipulates that when investigating a closed case, the public security organ shall ensure that the facts of the crime are clear, the evidence is true and sufficient, write a prosecution opinion, and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.
If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.
163rd in the process of investigation, it is found that the criminal suspect should not be investigated for criminal responsibility, and the case should be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
1. A case concluded by investigation shall meet the following conditions at the same time:
(1) The facts of the case are clear;
(2) The evidence is true and sufficient;
(3) The nature of the crime and the correct conviction;
(4) Complete legal procedures;
(5) criminal responsibility shall be investigated according to law.
2, the end of the case investigation, the investigators shall make a closing report.
The closing report shall include the following contents:
(1) Basic information about the criminal suspect;
(two) whether compulsory measures have been taken and the reasons;
(3) The facts and evidence of the case;
(4) Legal basis and handling opinions.
When transferring a case to the people's procuratorate, only the litigation volume is transferred, and the investigation volume is filed by the public security organ for future reference.
Second, what is the difference between terminating the investigation and withdrawing the lawsuit?
1, there are differences between the two definitions.
(1) Withdrawal of a case refers to a lawsuit in which the investigation organ discovers that there is a certain legal situation in the case filed for investigation, or denies the original basis of filing after investigation.
(2) Termination of investigation refers to the litigation activities of the people's court in the process of hearing a case, which leads to the end of the case under the circumstances stipulated by law and under the circumstances that it should not or does not need to continue the trial.
2. There are differences between them.
(1) Termination of investigation: Termination of investigation means that after investigation by public security organs, there is no evidence to prove that the person has criminal facts, and the suspect has been excluded, but there is evidence to prove that the case has criminal facts. Termination of the investigation is only the end of the investigation, but it does not mean that there is no responsibility and guilt.
(2) Withdrawing the case: Withdrawing the case means not investigating, which means being innocent or irresponsible.
3. There are differences between these two implementation processes.
(1) If a case is revoked, the public security organ shall report it to the superior leader for examination and approval, and then write a report on the revocation.
(2) When handling a criminal case directly accepted for investigation, the procuratorial organ may decide to dismiss the case against the defendant who should not be investigated for criminal responsibility according to law.
(3) According to Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Compensation Cases, the investigation is terminated, the case is dismissed, no public prosecution is initiated, and criminal responsibility is terminated after the verdict is acquitted.
Legal basis: Article 274 of the Procedures for Handling Criminal Cases by Public Security Organs. A case concluded by investigation shall meet the following conditions:
(1) The facts of the case are clear;
(2) The evidence is true and sufficient;
(3) The nature of the crime and the correct conviction;
(4) Complete legal procedures;
(5) criminal responsibility shall be investigated according to law.