1, the relevant personnel of the criminal case refused to accept the decision made by the public security organ to reject the application for withdrawal, confiscate the deposit, and refuse to file a case for the guarantor's fine, and filed an application for criminal reconsideration and review with the public security organ;
2, the public security organs to accept the application for criminal reconsideration and review, criminal reconsideration and review decision, should follow the principle of legality, justice, mistakes must be corrected.
In the process of handling criminal cases, the following relevant personnel may apply for criminal reconsideration to the public security organ that made the decision according to law:
1. If a party refuses to accept the decision to reject the application for withdrawal, the party and his legal representative, agent ad litem and defense lawyer may raise it;
2, refuses to accept the decision to confiscate the deposit, the person who has been released on bail or his legal representative can put forward;
3. If the guarantor refuses to accept the fine decision, he may propose it himself;
4. If the complainant refuses to accept the decision not to file a case, he may file a complaint;
5, the administrative organ that transferred the case refuses to accept the decision not to file a case, the administrative organ may put forward.
Submit an application for criminal reconsideration review to the criminal reconsideration review institution, which shall contain the following contents:
1. Name, gender, date of birth, work unit, residence and contact information of the applicant and its agent; The name and address of the legal person or other organization, and the name, position, domicile and contact information of the legal representative or principal responsible person;
2, the name of the public security organ that made the decision or reconsideration decision;
3. Criminal reconsideration and review request;
4, the facts and reasons for applying for criminal reconsideration and review;
5. Date of applying for criminal reconsideration and review.
To sum up, the provisions of reconsideration and review include that the relevant personnel in criminal cases refuse to accept the decision made by the public security organ to reject the application, withdraw the deposit, impose a fine on the guarantor and not file a case, and apply to the public security organ for criminal reconsideration and review. The public security organs shall follow the principles of legality, justice and correcting mistakes when accepting applications for criminal reconsideration and review and making decisions on criminal reconsideration and review.
Legal basis:
Article 179th of the Criminal Procedure Law of People's Republic of China (PRC)
If the people's procuratorate decides not to prosecute the case transferred by the public security organ, it shall serve the decision of non-prosecution on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it can be submitted to the people's procuratorate at the next higher level for review.
Article 34
If the judge who should withdraw does not withdraw, and the parties and their legal representatives have not applied for withdrawal, the presiding judge or the judicial committee shall decide to withdraw.
Article 35
The people's court may make an oral or written decision on the application for withdrawal filed by the parties and their legal representatives, and inform the applicant of the decision.
If the application for withdrawal of the parties and their legal representatives is rejected, they may apply for reconsideration once after receiving the decision. An application for withdrawal that does not fall under the circumstances stipulated in Articles 29 and 30 of the Criminal Procedure Law shall be rejected in court and no reconsideration shall be applied.