1. If you want to file a case for investigation, it must be an act that constitutes a crime in accordance with the provisions of the Criminal Law. Filing a case should and can only be carried out for criminal acts. If it's not a crime, you can't file a case. There are no criminal facts, or there are illegal acts that endanger society according to the provisions of Article 15 1 of the Criminal Procedure Law, but the circumstances are obviously minor and the harm is not great, so the case shall not be filed.
Since filing a case is the beginning of crime investigation, the fact that there is a crime at this time only refers to the discovery of criminal acts that endanger society and violate criminal law. As for the whole process of the crime, the specific circumstances of the crime and who the perpetrator is, it is not required to be clear when filing the case. These problems should be solved through investigation or trial activities after filing a case.
2. There must be certain factual materials to prove that the criminal facts did happen. Including criminal acts that have been committed, are being committed and are about to be committed.
What are the conditions for criminal detention of suspects by the Economic Investigation Brigade?
The conditions for criminal detention of criminal suspects by the Economic Investigation Brigade are as follows:
1. Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
2. The victim or a witness on the spot identifies him as a criminal;
3. Found criminal evidence around or at the residence;
4. Attempted suicide, escape or escape after committing a crime;
5. It is possible to destroy, forge evidence or collude with others;
6, do not speak the real name, address, unknown;
7. Suspected of committing crimes on the run, committing crimes many times, and committing crimes in partnership.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 88 of the Criminal Law of People's Republic of China (PRC).
Those who evade investigation or trial after the people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts the case are not limited by the time limit for prosecution. If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution.