With reference to Article 110 of the Criminal Procedure Law of People's Republic of China (PRC), any unit or individual has the right and obligation to report to the public security organ, the people's procuratorate or the people's court when it discovers criminal facts or criminal suspects. Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Referring to Article 111 of the Criminal Procedure Law of People's Republic of China (PRC), reports, complaints and reports can be made in writing or orally. The staff who accept the oral report, complaint or report shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being correctly read out.
The staff who accept the complaint and report shall explain the legal responsibility of false accusation and frame-up to the complainant and informant. However, as long as it is not fabricating facts and evidence, even if the facts of the accusation and report are different, or even false accusation, it should be strictly distinguished from false accusation.
Public security organs, people's procuratorates or people's courts shall ensure the safety of informants, complainants, informants and their close relatives. Informants, complainants and informants who are unwilling to disclose their names and report, accuse and report their acts shall keep them confidential.
Referring to Article 112 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, promptly review the materials of reporting, accusing, reporting and surrendering themselves, 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.
With reference to Article 115 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organs investigate criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, and the crime is light or heavy. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Extended data
Referring to Article 266 of the Criminal Law of People's Republic of China (PRC), the crime of fraud: defrauding public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Referring to Article 116 of the Criminal Procedure Law of People's Republic of China (PRC), after investigation, the public security organ shall conduct a preliminary trial of a case with evidence to prove that there is a criminal fact, and verify the evidence collected and obtained.
According to Article 156 of the Criminal Procedure Law of People's Republic of China (PRC), the period of investigation and detention of a criminal suspect after arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
With reference to Article 157 of the Criminal Procedure Law of People's Republic of China (PRC), if, due to special reasons, particularly serious and complicated cases are not suitable for long-term trial, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Referring to Article 162 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organ shall find out the facts of the crime clearly and the evidence is true and sufficient, write a prosecution opinion, and transfer it 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. If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law