What principles of criminal procedure are violated by reopening a case for investigation on the same

Legal analysis: If the parties file repeated lawsuits, a ruling will not be accepted; where it has already been accepted, a ruling is made to reject the indictment, except as otherwise provided by the law or judicial interpretations.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 247:Where a party initiates a lawsuit again in the course of litigation or after a judgment has taken effect on a matter that has already been litigated, and the following conditions are met at the same time, it constitutes duplicate litigation: (1) the parties to the later lawsuit are the same as those in the previous lawsuit; (2) The subject matter of the later litigation is the same as that of the previous litigation; (3) The claims of the later litigation are the same as those of the previous litigation, or the litigation claims of the later litigation substantially negate the judgment of the previous litigation. Where parties file repeated lawsuits, a ruling is made not to accept them; where it has already been accepted, a ruling is made to reject the lawsuit, except as otherwise provided by laws or judicial interpretations.

Article 248:Where new facts arise after a judgment takes legal effect, and the parties raise a lawsuit again, the people's court shall accept it in accordance with the Dust Preparation Law.

1. If the public security has already filed a criminal case: before the criminal case is concluded, a civil lawsuit cannot be filed alone, and if the court has already filed the case, the prosecution shall be dismissed. This is because the principle of "criminal first, then civil" should be observed.

2. In a criminal case, a separate civil lawsuit may be filed for attached civil compensation only if the criminal part has already been tried and concluded, and the civil part is because the parties have not filed an attached civil lawsuit, or the attached civil lawsuit has not been accepted for other reasons. At this time, the parties may file a separate civil lawsuit after the conclusion of the trial of the criminal case, and the court may use the criminal judgment as evidence to hear the civil part.

Of course not, the punishment comes first, and then the people. The public security has already opened a case for investigation, and citizens cannot file civil lawsuits at the same time. Even if you file a civil case first, once a criminal case is filed, the civil trial will have to be terminated.

If a criminal case is found to be involved in a civil trial, a ruling must be made to dismiss the prosecution and the entire case shall be transferred to the criminal case. What's more, if you have already filed a criminal case first, the civil case should be directly rejected at this time, and if it has already been accepted, it will also be ruled to dismiss the lawsuit.

Hello, as you mentioned, of course, it is possible to file a civil lawsuit, and if the cause of the case filed by the public security organ is the same as the cause of the civil lawsuit, the people's court will suspend the trial in accordance with the principle of criminal priority.

Yes, but the court may not hear the case for the time being, and wait for the outcome of the criminal case to be heard.

Yes, but the court may not accept it, and at the same time, the case can be withdrawn.

Legal analysis: In civil litigation, if a case requires the outcome of another trial, it should be ruled that Shanlaqi should suspend the litigation and resume the trial after the outcome of the other case.

Legal basis: Article 150 of the Civil Procedure Law of the People's Republic of China: In any of the following circumstances, the suspension of litigation is to be carried out: The case must be based on the outcome of the trial of another case, and the other case has not yet been concluded.

Yes, on the basis of legal facts and legal provisions, a new case may be opened for investigation. For civil disputes, cases that have already been handled by the public security police station are generally concluded by reaching an agreement through mediation. However, in some cases, it is also possible to reopen the case for investigation on the basis of the facts and legal provisions.

Criminal Law of the People's Republic of China:

Article 77: [Revocation of Suspended Sentences and Their Disposition]Where criminals who have been given a suspended sentence commit a new crime during the probationary period of a suspended sentence or discover that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made for the newly committed crime or newly discovered crime, and the punishment given for the previous and subsequent crimes shall be honored, and the punishment to be enforced shall be decided in accordance with the provisions of article 69 of this Law.

Criminals who have been given a suspended sentence shall have the suspended sentence revoked and the original sentence enforced if they violate laws, administrative regulations, or relevant departments' provisions on the supervision and management of suspended sentences, or violate the injunction in the people's court's judgment, and the circumstances are serious.

Article 86: [Revocation of Parole and Its Disposition]Where a criminal who has been released on parole commits a new crime during the probationary period of parole, his parole shall be revoked, and punishment for multiple crimes shall be combined in accordance with the provisions of article 71 of this Law.

Where, during the probationary period for parole, it is discovered that the criminal on parole had other crimes that had not been convicted before the verdict was announced, the parole shall be revoked and the punishment for multiple crimes shall be combined in accordance with the provisions of article 70 of this Law.

Where, during the probationary period for parole, criminals on parole have conduct that violates laws, administrative regulations, or the provisions of relevant departments on the supervision and management of parole, and has not yet constituted a new crime, parole shall be revoked in accordance with legally-prescribed procedures, and the sentence that has not been completed shall be returned to prison for enforcement.

1. What are the conditions for re-filing a case?

The conditions for filing a case are different for public prosecution and private prosecution.

In the case of a public prosecution, the facts of the crime must first be presented. The existence of criminal facts refers to the occurrence of conduct constituting a crime in accordance with the provisions of the Criminal Law, and there is certain evidence to prove the existence of such criminal facts. This is the first condition for filing a case.

The second is the need for criminal accountability. Circumstances that do not require criminal responsibility include the time limit for prosecution has expired; Those who have been exempted from punishment by a special amnesty order; Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and there is no complaint or withdrawal of the complaint; The criminal suspect or defendant is deceased; Other laws provide for exemption from criminal responsibility. Finally, it is necessary to comply with the provisions of the jurisdiction.

The filing of a private prosecution case must first comply with the scope of acceptance of the private prosecution case, and the scope of acceptance of the private prosecution case is referred to the chapter "Jurisdiction". Second, the court to which the suit is filed has jurisdiction.

Again, it was brought by the victim. If the victim is deceased, incapacitated, or unable to make a complaint due to coercion, intimidation, or other reasons, or if a person with limited capacity is unable to tell in person due to old age, illness, blindness, deafness, muteness, or other reasons, their legally-designated person or close relatives may make a complaint on their behalf, but proof of the relationship with the victim and proof of the reasons why the victim cannot tell in person must be provided. Finally, there is a clear defendant, specific litigation claims and evidence.

Legal analysis: According to the provisions of the Criminal Procedure Law, the public security organs shall conduct an investigation into a criminal case that has already been filed, collect and collect evidence that the criminal suspect is guilty of interception or innocence, and that the crime is minor or serious.

Legal basis: Article 115 of the Criminal Procedure Law of the People's Republic of China: Public security organs shall conduct an investigation into a criminal case that has already been filed, and collect and falsely collect evidence of the criminal suspect's guilt or innocence, or the severity or seriousness of the crime. Current offenders or major suspects may be detained in advance in accordance with law, and criminal suspects who meet the requirements for arrest shall be arrested in accordance with law.

Legal Analysis: No duplicate case filing. The same crime can only be filed by one public security organ, and criminal cases over which several public security organs have jurisdiction are under the jurisdiction of the public security organ that first accepted the case.

When necessary, the public security organ for the main site of the crime may have jurisdiction. The jurisdiction of China's criminal law is to manage the border, whether it is the place where the case occurred or the result occurred. A criminal case may be filed by both the place where the crime occurred and the place where the result occurred.

In the event of duplicate case filing, the investigating organ that filed the case first will generally continue the investigation, and the other party will transfer the case to the investigating organ that filed the case first; If the parties have objections to jurisdiction and are unwilling to adopt the aforesaid method, then the decision shall be made by the joint competent authorities of the two parties. The competent organ may decide which organ to continue the investigation or designate another investigative organ to have jurisdiction.

Legal basis: Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs》 Article 18: Criminal cases over which several public security organs have jurisdiction are under the jurisdiction of the public security organ that first accepted them. When necessary, the public security organ for the main site of the crime may have jurisdiction.

In any of the following circumstances, the public security organs may combine cases for investigation within the scope of their duties: (1) one person commits multiple crimes; (2) Joint crimes; (3) The suspect in a joint crime also commits other crimes; (4) There are connections in the crimes committed by multiple criminal suspects, and the joint handling of the cases is conducive to ascertaining the facts of the crime.