Should the police station issue a certificate if it does not file a case?

If the police station does not file a case, it must issue a certificate. When the police station refuses to file a case against the informant's report, it shall generally issue a notice of refusal to file a case. The proof of not filing a case means that the informant reported the case to the public security organ, and the public security organ, after examination and approval by the leaders of the public security organs at or above the county level, issued a decision not to file a case to the informant or the victim. If the public security organ considers 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 shall 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 serve it on the complainant within three days. And explain in writing the reasons for not filing the case, and the standards and conditions for filing the case. So that the police can re-collect relevant evidence and re-file a case. These are the hard conditions of laws and regulations. Therefore, if the case is not successfully filed, we can only consult a lawyer on how to successfully file a case, and then report to the police station in the jurisdiction again. The police will re-file the case according to the evidence chain.

"Procedures of Public Security Organs in Handling Criminal Cases" Article 178 After accepting a case, if a public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, 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 are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall 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 serve it on the complainant within three days. If new facts or evidence are found after deciding not to file a case, or if the original facts are found to be wrong and need to be investigated for criminal responsibility, the case shall be filed in time.

Can the police go directly to the procuratorate without filing a case?

When the public security does not file a case, it can go to the procuratorate. When the public security organ does not file a case, the victim can safeguard his legitimate rights and interests through the supervision of the procuratorial organ. As one of the important duties of procuratorial organs to perform legal supervision, filing supervision is juxtaposed with investigation, trial, criminal judgment, ruling and execution supervision. The so-called refusal to file a case refers to the litigation activities that the people's court, the people's procuratorate or the public security organ, after reviewing the materials of reporting, accusing, reporting and surrendering, think that there is no criminal fact, or that the criminal fact is obviously minor, and it is not necessary to pursue criminal responsibility.