First, how long is the time limit for public security not to file a case for review?
1, the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they 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.
2. The time limit for not applying for reconsideration is seven days. 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 submit a written application for reconsideration to the original public security organ (case handling department) within 7 days after receiving the Notice of Not to File a Case.
3. Legal basis: Article 112 of the Criminal Procedure Law.
Second, what should I do if I don't file a case?
1, apply for reconsideration. If the complainant refuses to accept it, he may apply for reconsideration. The application for reconsideration shall be submitted to the public security organ that has made a decision not to file a case. The application for reconsideration shall be filed within seven days after receiving the notice of not filing the case. The application shall specify the reasons for filing the case. The public security organ shall make a decision within seven days after receiving the application for reconsideration and notify the complainant in writing.
2. Apply for review. If the complainant still refuses to accept the reconsideration decision, he may apply to the public security organ at the next higher level for review within seven days after receiving the reconsideration decision. The public security organ at the next higher level shall make a decision within seven days after receiving the application for review. If the public security organ at a higher level cancels the decision not to file a case, the public security organ at a lower level shall implement it.
3. Complain to the procuratorate. If the complainant refuses to accept the decision of the public security organ not to file a case, he may also appeal to the procuratorate at the same level. The procuratorate has the right to ask the reasons for not filing a case. After receiving the notice from the procuratorate, the public security organ shall, within seven days, explain in writing the circumstances, basis and reasons for not filing the case, and reply to the people's procuratorate. If the public security organ makes a decision to file a case, it shall send a copy of the decision to file a case to the people's procuratorate. The public security organ still thinks that the case should not be filed, and the procuratorate thinks that it should be filed. The procuratorate has the right to notify the public security organ to file a case. The public security organ shall file a case within fifteen days after receiving the notice from the procuratorate, and send a copy of the decision to file a case to the people's procuratorate.
4. Refuse to prosecute. The public security organ refuses to file a case because the circumstances of the crime are minor and can go to the court for private prosecution. If the victim insists on being handled by the public security organ, the public security organ shall file a case.
5. If the victim has evidence to prove that the defendant has violated his personal rights and property rights, and the public security organ refuses to file a case or the procuratorate refuses to prosecute, the victim may file a private prosecution with the people's court. . It is very strict for the court to directly accept such cases of private prosecution. It is difficult for the victim to collect evidence that the defendant is guilty, and this kind of prosecution is often acquitted by the court on the grounds of insufficient evidence. 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.
6. If a citizen commits an illegal act in his daily life, the public security organ will also file a case for investigation. When the criminal facts and process of the suspect are fully grasped, the suspect can be arrested. If the criminal suspect's illegal behavior does not meet the criteria for filing a case, the public security organ will also make a decision not to file a case, and if it refuses to accept it, it can file a reconsideration.
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.