Legal Analysis
After a case occurs, the parties concerned must safeguard their rights and interests and must first file a case with the relevant departments. But not all cases can be filed. There are conditions for filing a case. A case can be filed only if the conditions for filing it are met, and only after the case is filed can the next step of the process be carried out. Cases that should be under the jurisdiction of this agency according to law; after reviewing the source materials of the case (charges, reports, surrenders, etc.), there are indeed criminal facts; and criminal liability needs to be investigated based on the circumstances of the crime. If the matter does not fall under the jurisdiction of this agency, it will be transferred to the competent agency for handling. If there are no criminal facts, or the criminal facts are obviously minor and there is no need to pursue criminal liability, the case will not be filed. First of all, whether a criminal case has been filed cannot be checked online, because criminal cases are confidential and can only be checked on the intranet of the Public Security Bureau. Individuals cannot use the intranet of the Public Security Bureau. Second, after the public security organ accepts the case, if upon review it is deemed that there are criminal facts that require criminal liability and it falls within its own jurisdiction, the case shall be filed with the approval of the person in charge of the public security organ at or above the county level. Accordingly, the public security organ will issue a formal legal document for a criminal case to be filed, but the document will be accompanied by the filing information and will be transferred with the file. Therefore, individuals generally will not receive a decision on filing a case. Therefore, if you want to know whether a criminal case has been filed, you can contact the person in charge of the public security, procuratorate, or court to learn about the progress of the case. However, this method is less feasible. A more efficient and feasible method is to entrust a lawyer, who will communicate with the case handling agency, and Online inquiry channels for lawyers have been opened in some areas. Lawyers who have passed professional qualification certification can check the progress of cases online.
Legal Basis
Article 88 of the "Chinese People's Criminal Law" Afterwards, those who evade investigation or trial are not subject to the limitation of the prosecution period. If the victim files a complaint within the prosecution period and the people's court, people's procuratorate, or public security organ should file a case but fails to do so, the prosecution period will not be restricted.
"Criminal Procedure Law of the People's Republic of China"
Article 109: When the public security organs or the People's Procuratorate discover criminal facts or criminal suspects, they shall file a case for investigation within the scope of their jurisdiction.
Article 112 The People’s Court, People’s Procuratorate or Public Security Bureau shall, in accordance with their jurisdiction, promptly review case reports, accusations, reports and surrender materials. If they believe that there are criminal facts and it is necessary to pursue criminal liability, they shall Open a case for investigation; if it is believed that there are no criminal facts, or the criminal facts are minor and there is no need to pursue criminal liability, the case will not be opened and the accuser will be notified of the reasons for not opening the case. If it is believed that there are no criminal facts or that the crime is minor and does not require criminal liability, the case will not be filed and the accuser will be informed of the reasons for not filing the case. If the accuser is dissatisfied, he can apply for reconsideration.