Can I file a criminal case after administrative punishment?

If an offender is punished by an administrative organ and his behavior is found to constitute a crime, the public security organ may file a criminal case. According to the provisions of China's Criminal Procedure Law, the people's courts, people's procuratorates or public security organs shall promptly review the materials reported, accused, reported and surrendered within their jurisdiction, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case.

The three conditions for filing a criminal case are as follows:

(1) After investigation, it is considered that there are criminal facts and criminal responsibility needs to be investigated;

(2) The case is under the jurisdiction of the public security organ;

(3) approved by the person in charge of the public security organ at or above the county level.

The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

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.