What is the process of handling criminal cases of illegal fund-raising?
1, put on record. It refers to a litigation activity in which public security organs and procuratorates, according to their respective jurisdictions, find criminal facts or suspects after reviewing the materials of reporting, accusing, reporting, surrendering and private prosecution, or decide to investigate or try criminal cases.
(1) The case is filed by the case-handling organ. According to the regulations, the public security organ shall immediately accept any citizen's seizure, report, accusation or criminal suspect's surrender, and make a record and a registration form for accepting criminal cases. After examination, it is considered that the criminal facts that need to be investigated for criminal responsibility belong to their own jurisdiction and should be placed on file. 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 7 days. If the complainant refuses to accept the decision not to file a case, he may apply for reconsideration. At the same time, according to the complainant's reflection, the procuratorate has the right to ask the public security organ to explain the reasons for not filing a case, and the case-handling organ shall explain the reasons for not filing a case within 7 days. If the procuratorate considers that the reason for not filing a case cannot be established, the public security organ shall decide to file a case within 15 days after receiving the notice of filing a case submitted by the procuratorate.
(2) the procuratorate filed a case. The reporting center of the procuratorate is responsible for the unified acceptance and management of reporting clues. If the procuratorate decides to file a case for investigation, it shall make a decision on filing a case. If the procuratorate decides not to file a case, it shall make a notice of not filing a case if it is accused by the victim. If the complainant refuses to accept it, he may apply for reconsideration.
2. investigation. Investigation refers to the special investigation work and related compulsory measures carried out by public security organs and procuratorates in the process of handling cases according to law; According to the law, summons and the duration of summons in the process of investigation shall not exceed 12 hours, and detention in disguised form by continuous summons shall not be allowed. According to the regulations, the investigation period is 2-7 months.
(1) Generally speaking, after a suspect is arrested, the investigation period shall not exceed 2 months;
(2) Cases with complicated cases can be extended by 1 month.
(3) Major and complicated cases in remote areas with very inconvenient transportation; Major criminal group cases; Major and complicated escape criminal cases; Major and complex cases involving a wide range and difficulties in obtaining evidence can be extended for 2 months;
(4) If the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, it may be extended for another two months on the basis of the extension of three months.
3. detention. Criminal detention refers to the compulsory method that the public security organs and procuratorates temporarily deprive criminals or major suspects of their personal freedom in the process of investigation in an emergency. Specifically, it includes: ① preparing for 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) criminal evidence is found around him or at his residence; (4) attempted suicide, escaped or escaped after committing a crime; (5) It is possible to destroy, forge evidence or collude with others; 6. Don't tell your real name and address, and your identity is unknown; All landowners are seriously suspected of committing crimes, committing crimes many times, and committing crimes in partnership. When you are detained, you should show your detention permit. After detention, except in cases that hinder the investigation or cannot be notified, the reasons and places of detention shall be notified to the families or units of the detainees within 24 hours. According to the regulations, the detention time is generally 10-37 days. According to the law,
(1) The public security organ shall apply for approval of arrest within 3 days after detention, which may be extended by 1-4 days upon approval in special circumstances, and may be extended to 30 days for major suspects who commit crimes in partnership. The procuratorate shall make a decision to examine and approve the arrest within 7 days after receiving the application for approval of the arrest.
(2) The procuratorate shall make a decision within 10 days if it deems it necessary to arrest the detainee for the case directly accepted. Under special circumstances, the time for deciding to arrest may be extended by 1-4 days. Those who do not need to be arrested shall be released immediately.
4. arrest. According to the law, for criminal suspects and defendants who have evidence to prove criminal facts and may be sentenced to more than fixed-term imprisonment, it is not enough to take measures such as bail pending trial and residential surveillance to prevent social danger, but if it is really necessary to arrest, they should be arrested immediately. An arrest warrant should be produced at the time of arrest. Anyone who is approved for arrest must be tried within 24 hours after arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued. The time limit for arrest is closely related to the time limit for investigation of a case. Usually, the arrest period ends when the court makes a judgment, that is, the court makes a judgment, and the arrest can end, and it can also be converted into sentence (guilty) or release (innocent). It should be noted that detention and arrest are compulsory measures, not punitive measures, but preventive measures to ensure the normal conduct of criminal proceedings (for fear that criminal suspects will evade the proceedings).
5. Review the prosecution. According to the regulations, if the procuratorial organ believes that the criminal facts of the criminal suspect have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution. The time for procuratorial organs to review and prosecute is 1 month, and major and complicated cases can be extended by half a month; If supplementary investigation is needed, the procuratorate may return it to the public security organ for supplementary investigation. Return for supplementary investigation shall be limited to two times, and each time shall not exceed 1 month. This is basically the process of handling all criminal cases. Of course, in dealing with such criminal cases of illegal fund-raising, the scope and difficulty of investigation are also very many. Due to the destructive effect of illegal fund-raising on China's financial environment, the state has jointly issued relevant regulations to deal with illegal fund-raising, including some opinions of the Supreme Court in hearing cases of illegal fund-raising.
After accepting the report, the investigation department of the public security organ, after examination, meets the conditions for filing a case, and shall file a case with the approval of the person in charge of the public security organ at or above the county level. Anyone who fails to pursue criminal responsibility according to law shall not file a case with the approval of the person in charge of the public security organ at or above the county level. If the case has been approved for filing, the filing unit shall conduct an investigation in time. After investigation, if conditions permit, the investigation department may declare the case solved with the approval of the person in charge of the public security organ at or above the county level. Then, the investigation is over.
How to withdraw the case after the investigation team has filed a case?
The investigation brigade can withdraw the case after filing the case, but it must meet the following conditions: the circumstances are obviously minor and the harm is not great, and it is not considered a crime; The crime has passed; The suspect and the defendant have been pardoned; This case is over. 、
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 109 of the Criminal Procedure Law. When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 162 of the Criminal Procedure Law: When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, and write a prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.