Article 175 After accepting a case, the public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and it shall file a case with the approval of the person in charge of the public security organ at or above the county level;
if it is considered that there is no criminal fact, or the criminal fact is obviously minor and does not need to be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case will not be filed with the approval of the person in charge of the public security organ at or above the county level.
if a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and deliver it to the complainant within three days.
Expanding data:
The public security organs in the province further promoted the reform of the system of accepting and filing cases and the mechanism of "two unifications" in criminal cases.
In order to thoroughly implement the decision-making arrangements of the Central Committee and the Party Committee of the Ministry of Public Security on comprehensively deepening the reform of the operational mechanism of public security law enforcement power and the standardization of law enforcement by public security organs, we summarize and promote the pilot work experience of the reform of the case-accepting system, the unified review of criminal cases and the unified export mechanism (hereinafter referred to as the two reforms).
In-depth analysis of the current situation and outstanding problems faced by public security law enforcement, the Provincial Public Security Department held a site meeting in Tonghua City on February 23rd to study and deploy two reforms of public security organs in the province.
Vice Governor and Minister of Public Security Hu Jiafu attended the meeting.
since the implementation of the two reforms, the public security organs in the province have kept a close eye on the forefront of police development, constantly explored the establishment of a law enforcement mechanism with clear responsibilities, close connection and standardized operation, and strived to achieve the work objectives of "unified supervision of case sources, unified control of case source entrances, unified review of case source links, and unified management of case source exports".
especially in law enforcement, public security organs at all levels in the province consciously practice the people-centered law enforcement concept, pay more attention to procedural justice and procedural norms, unify law enforcement requirements with law enforcement forms, unify law enforcement effects with social effects, continuously improve law enforcement credibility, and earnestly safeguard public interests, people's rights and interests and social order.
filing a case is the initial and necessary link to punish illegal crimes, and it is the first working procedure of the whole case.
For a long time, from filing a case for investigation to reporting for arrest and prosecution, the public security law enforcement and case-handling departments have done everything. Although the legal department has audited the criminal case-handling link, it is often because the auditing standards are not uniform and the auditing focus is not clear, and people are often arrested or transferred for review and prosecution because of illness, which not only leads to the arrest of the arrested person and the prosecution of the case, but also leaves many sequelae.
Hu Jiafu pointed out that the current judicial proof has entered the era of "scientific evidence" with material evidence as the main content. In a sense, to fight a "trial war" is to fight an "evidence war". It can be said that the problems in the collection, fixation, storage and examination of evidence have become obvious shortcomings that restrict the improvement of public security law enforcement.
Hu Jiafu emphasized that all levels of public security organs, departments and police types in the province should actively adapt to the requirements of the trial-centered litigation system reform, take the reform of the system of accepting cases, the unified examination of criminal cases and the unified export working mechanism as the breakthrough point,
adhere to problem-oriented, make up shortcomings, intensive management, strictly control the source, strictly control the export, strictly control the quality, actively promote the innovation of ideas, mechanisms, means and methods, and resolutely prevent injustice.
The implementation of the two reforms is mainly to solve the outstanding problems such as not accepting reports, not accepting them in time after receiving reports, and unjust, false and misjudged cases caused by law enforcement violations, and to improve the law enforcement management system and mechanism. In the final analysis, it is necessary to use the system to supervise law enforcement power and use the mechanism to regulate law enforcement behavior.
phoenix. The public security organs of the whole province further promoted the "two unifications" of accepting cases and criminal cases.