Article 166 of the Procedures for Handling Criminal Cases by Public Security Organs stipulates that if a public security organ receives a citizen's abduction, report, complaint or report or a criminal suspect voluntarily surrenders, it shall immediately accept it, inquire about the situation, make a written record, and the abductor, informant, accuser and voluntary surrenders shall sign and fingerprint it after verification.
When necessary, audio or video recordings shall be made.
174th after examination, if it is not serious enough for criminal punishment to be given administrative treatment, it shall be handled according to law or transferred to the relevant departments for handling.
Article 175 After accepting a case, the public security organ shall, after examination, consider that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level.
If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
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 three days.
Article 187. The public security organ shall promptly investigate the criminal cases that have been put on file, and comprehensively and objectively collect and obtain the evidence of the criminal suspect's guilt or innocence, and the crime is light or heavy.
Extended data:
Criminal procedure law stipulates that
Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
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.
The public security organ, people's procuratorate or people's court shall accept the report.
If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling and notify the informant; 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.
other terms
The report can be made in written or oral form. If it is an oral report, the receptionist shall make a written record, which shall be signed or sealed by the informant after being read out correctly.
The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, examine the report materials in a timely manner, 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 is no criminal fact, or the criminal fact is obviously minor, it is not necessary to pursue criminal responsibility, and the case will not be filed.
According to the provisions of China's Criminal Procedure Law, organs, organizations, enterprises, institutions and individual citizens should report the case to the relevant judicial organs in a timely manner according to the nature of the incident and the legal jurisdiction of the case.
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