What s the difference between filing a case and not filing a case?

Filing a criminal case means entering the criminal justice process, but filing a case does not mean that the procuratorate will approve the arrest and sentence by the court. It depends on the evidence and the degree of harm of the crime. For example, minor injuries can be mediated after the case is filed, and it is not necessary to go through the judicial process before sentencing;

Failure to file a criminal case refers to an conduct that does not meet the standards for filing a case for prosecution and may be dealt with in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China".

The meaning of filing a case: to establish a case. For example, if you want to file a lawsuit and the court accepts your request, it means that the case is filed

The reported incident may not necessarily be filed, and the case may not be reported The report can be made at any time, but the case can be filed only if there are criminal facts or criminal suspects, and the case can be filed immediately, but it can also be filed within 7 days.

Case filing in criminal proceedings refers to a kind of litigation activity in which a public security organ or people's procuratorate decides to conduct an investigation or trial as a criminal case after discovering the facts of a crime or a criminal suspect, or after the judicial organs have reviewed the materials on reporting, reporting, and voluntary surrender in accordance with their respective jurisdictions. Acceptance of the case means that the plaintiff's lawsuit meets the court's criteria for filing a case, and the court makes a decision to formally file the case.

The police are not doing it right. But that's how they actually do it. Most of the current police officers do not solve the case, because they cannot be forced to file the case, which will affect their year-end bonus. Landlord, you have been fooled.

If you don't file a case, your stolen motorcycle won't go into the stolen garage, and if you find it, you won't know if the car was stolen.

A case should be filed, and the deck will be checked.

The difference between filing a case and not filing a case is as follows:

1. The severity is different, filing a case means that a crime is constituted, and the public security organs will investigate it to the end; Most cases that do not file a case will eventually be resolved through mediation between the parties.

2. The results are different, and after the case is filed, the public security organs will investigate the case and look for evidence of the case. If the case is not filed, the public security organs will not conduct investigation procedures on the case;

3. The trial organs are different, and filing a case means that the public security department or the court recognizes the legality of the case, and if the case is filed at the public security bureau, the public security bureau will investigate and finalize the case. If the case is filed in the court, the court will conduct a trial and ruling; If the case is not filed, the public security bureau will not pursue the case and conclude the case, and the court will not try and close the case.

After investigation, the public security organs shall conduct a preliminary trial in cases where there is evidence to prove the facts of the crime, and verify the evidence materials collected or collected. Where the people's procuratorate finds that the public security organs did not file and investigate a case that should be filed and investigated, or where the victim believes that the public security organs did not file and investigate a case that should be filed and investigated, and submits it to the people's procuratorate, the people's procuratorate shall request that the public security organ explain the reasons for not filing the case.

[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 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.

The difference between filing a case and not filing a case is as follows: vertical talk.

1. The punishment is different, and those who do not file a case are basically innocent; Filing a case means that a crime has been constituted, and the public security organs will conduct an investigation, which may eventually lead to criminal punishment;

2. The result is different, and the public security organ does not file the case, which means that the case will not enter the investigation procedure; After the case is filed, the public security organ will investigate the case, look for evidence of the case, and transfer it to the procuratorate for prosecution after the investigation is completed;

3. If the trial organs are different, if the case is not filed, the public security bureau will not be able to investigate, and the court will not try and conclude the case.

Filing a case means that the public security department or the court recognizes the legality of the case, and if the case is filed at the Public Security Bureau, the Public Security Bureau will investigate and finalize the case. If the case is filed in the court, the court will make a decision on the trial. The people's courts shall ensure the parties' right to sue in accordance with the provisions of law.

Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Laws and Regulations

Criminal Procedure Law of the People's Republic of China

Article 109: When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file and investigate the case in accordance with the scope of its jurisdiction. Article 110: Case filing materials** Acceptance and disposition of case filing materials.

Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts. Victims have the right to report or make accusations to the public security organs, people's procuratorates, or people's courts against the facts of a crime or a criminal suspect who violated their rights in person or property. Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports.

where it is not within their own jurisdiction, it shall be transferred to the organ for handling of the case, and the person making the report, accuser, or informant shall be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs. Where the offender voluntarily surrenders to the public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 apply.

Legal analysis: filing a criminal case means that it has entered the criminal justice process, but filing a case does not mean that the procuratorate will approve the arrest and will be sentenced by the court, depending on the evidence and the degree of harm of the crime.

The filing of a civil case means that the court has accepted the case and entered the trial stage, and the plaintiff in the civil lawsuit can also apply for the withdrawal of the lawsuit, but the court must make a ruling. Failure to file a criminal case means that a certain act does not meet the standards for filing a case for prosecution, and may be handled in accordance with the relevant provisions of the "Law of the People's Republic of China on the Administration and Punishment of Public Security After-banquets"; If the civil case is not filed, it means that the jurisdiction is not erected, or the claim is illegal.

Legal basis: Criminal Procedure Law of the People's Republic of China, Article 113: Where the People's Procuratorate believes that the public security organs have not filed and investigated a case that should be filed and investigated, or where the victim believes that the public security organs have not filed and investigated a case that should be filed and investigated, and submits it to the People's Procuratorate, the People's Procuratorate shall request that the public security organ explain the reasons for not filing the case. Where the people's procuratorate finds that the public security organ's reasons for not filing a case cannot be sustained, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notice.

The filing of a criminal case means that it has entered the criminal justice process, but the filing of the case does not mean that the procuratorate will approve the arrest and will be sentenced by the court, depending on the evidence and the degree of harm of the crime.

The filing of a civil case means that the court has accepted the case and entered the trial stage, and the plaintiff in the civil lawsuit can also apply for the withdrawal of the lawsuit, subject to a court ruling. If a criminal case is not filed, it means that a certain act does not meet the standards for filing a case for prosecution, and it can be handled in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China"; If a civil case is not filed, it means that the place of jurisdiction is not right or the claim is unlawful.

1. Is the case still filed for the death of the suspect?

If a case is filed after the death of a suspect, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted. If the case has not been filed, no criminal case will be filed.

Due to the death of the criminal suspect, the capacity for criminal responsibility ceases, and criminal responsibility cannot be pursued. According to article 15 of the Criminal Law of the People's Republic of China, if a criminal suspect dies before reporting the case, the public security organ should not file a case. If a person dies during the investigation stage of the public security or procuratorate, the investigating organ shall withdraw the case, and if he dies during the examination for prosecution stage, he shall make a decision not to prosecute; if he dies during the trial stage of the court, the trial shall be terminated or acquitted.

However, it should be noted that although criminal liability cannot be pursued, civil liability cannot be exempted, and the heirs can be sued for compensation within the scope of the inheritance they inherited.

2. Two conditions must be met to file a case.

1) There are facts of a crime.

2) The facts of the crime need to be pursued for criminal responsibility in accordance with law. If there are facts of a crime, but the law provides that criminal responsibility should not be pursued, a case cannot be filed.

In any of the following circumstances, criminal responsibility is not pursued and a case cannot be filed; where the case has already been pursued, the case shall be withdrawn, or not prosecuted, or acquitted.

1. Where the circumstances are obviously minor and the harm is not great, it is not considered a crime.

2. The statute of limitations for prosecution has expired.

3. Those who have been exempted from criminal punishment by amnesty order.

4. Where a complaint is a crime under the Criminal Law, and there is no complaint or withdrawal of the complaint.

5. The defendant is already deceased.

6. Other laws and regulations provide for exemption from criminal responsibility.