2. The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it considers that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case. If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration. If the case that needs to be put on file for investigation is different from the civil case that the people's court accepts or makes an effective judgment or ruling, the public security organ may directly put on file for investigation, but it shall not request the people's court to rule to dismiss the prosecution, suspend the trial or revoke the judgment or ruling on the grounds of criminal filing. After investigation, if the criminal suspect cannot be transferred for examination, prosecution or other treatment according to law 12 months after the compulsory measures are lifted, the public security organ shall dismiss the case. After the case is dismissed, if new facts or evidence are found and criminal responsibility needs to be investigated, the public security organ may re-file the case for investigation.
After the judgment of a civil case, what circumstances should the public security organ file for investigation?
The case that needs to be put on file for investigation belongs to the same legal fact as the civil case that the people's court accepts or makes an effective judgment or ruling. If one of the following conditions is met, the public security organ shall file a case for investigation:
1. The people's court decides to transfer the case to the public security organ or revoke the judgment or ruling;
2. The people's procuratorate shall notify the public security organ to file a case according to law. If the case that needs to be put on file for investigation is different from the civil case that the people's court accepts or makes an effective judgment or ruling, the public security organ may directly put on file for investigation, but it shall not request the people's court to rule to dismiss the prosecution, suspend the trial or revoke the judgment or ruling on the grounds of criminal filing.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 112 of the Criminal Procedure Law of People's Republic of China (PRC).
The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.