Once the police station files a case, must it be closed?

Once the police station files a case, it must close the case. For the following four cases, the police station will withdraw the case:

1, the case is cracked, but it is not enough to pursue criminal responsibility, which is called revocation in the filing procedure;

2. If the case is cracked and all the suspects are arrested, then the case will enter the state of "solving the case";

3. If all the parties to the case die (the infringer and the infringed) or the criminal suspect has died, the case will be closed naturally;

4. The case has not been investigated for a long time, and the punishment for the infringer has passed the penalty prosecution period.

"The public security organs to handle criminal cases procedures" provisions:

Article 168 If one of the following circumstances is found after investigation, the case shall be dismissed:

(1) There are no criminal facts;

(two) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;

(three) the crime has passed the limitation period;

(4) Being exempted from punishment by amnesty;

(5) The criminal suspect is dead;

(six) other people who are not investigated for criminal responsibility according to law.

Article 169 If a case needs to be revoked, the case-handling department shall make a report on the revocation of the case and report it to the person in charge of the public security organ at or above the county level for approval.

The report of the revocation case includes the following contents:

(a) the basis and source of the original case;

(2) The investigation results of the case;

(3) Reasons and basis for withdrawing the lawsuit.

When the public security organ decides to dismiss the case, if the suspect has been arrested, it shall immediately release him, issue a release certificate and notify the people's procuratorate that originally approved the arrest.

Third, the definition of limitation of prosecution.

The limitation of prosecution refers to the effective period of criminal responsibility stipulated by the criminal law. If a crime exceeds the limitation period for prosecution, criminal responsibility shall not be investigated. China's criminal law stipulates that crimes exceeding the following time limit shall not be prosecuted:

1, where the statutory maximum penalty is less than five years' imprisonment, after five years;

2. If the statutory maximum penalty is more than five years but less than 10 years, after 10 years;

3. If the statutory maximum penalty is 10 years of fixed-term imprisonment, after 15 years;

4. The maximum legal punishment is life imprisonment or death penalty, after 20 years. 20 years later, if it is deemed necessary to prosecute, it must be reported to the Supreme People's Procuratorate for approval. If the above-mentioned time limit is exceeded, the limitation of prosecution shall be terminated and no further prosecution shall be conducted. The limitation of prosecution shall be counted from the date of the crime, and if the crime continues or continues, it shall be counted from the date of the end of the crime. 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 offender commits another crime within the time limit for prosecution, the limitation period for prosecution of the former crime shall be counted from the date of committing the latter crime.

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

Legal basis: Article 183 of the Procedures for Handling Criminal Cases by Public Security Organs.

After investigation, if any of the following circumstances is found, the prosecution shall be dismissed:

(1) There are no criminal facts;

(two) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;

(3) The crime has passed the limitation period for prosecution;

(4) Being exempted from punishment by an amnesty order;

(5) The criminal suspect is dead;

(six) other people who are not investigated for criminal responsibility according to law.

After investigation, it is found that there are criminal facts that need to be investigated for criminal responsibility, but they are not committed by criminal suspects who have filed a case for investigation, or some criminal suspects in the same criminal case are not enough for criminal punishment, the investigation of relevant criminal suspects shall be terminated and the case shall be continued.