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The main task of the Public Security Economic Investigation Brigade is to be responsible for the investigation of domestic economic cases, and it belongs to a special investigation department, which is subordinate to the public security department for obtaining relevant evidence to prove whether there is a crime and the seriousness of the crime, as well as special investigative measures and compulsory measures taken in accordance with the law to arrest criminal suspects. As for the minimum amount to be filed by the Economic Investigation Brigade, according to different crimes and in different regions, there are different standards for filing cases, so it cannot be generalized, and the provisions of the Criminal Law and relevant judicial interpretations should be referred to specifically. Its main responsibilities are as follows:
1.Organize, guide, and coordinate local public security organs in the investigation and handling of economic crime cases, and participate in or directly investigate and handle serious and extraordinarily serious economic crime cases. 2.
Guide, inspect, and supervise the local situation of economic crimes, analyze and study the dynamics of economic crimes, and put forward countermeasures to prevent and crack down on economic crimes. 3.Guide local financial, fiscal and taxation departments and other key and critical units related to the national economy and people's livelihood to carry out security precautions.
Legal basis: Article 3 of the Criminal Procedure of the People's Republic of China is the responsibility of the public security organs for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions.
The people's courts are responsible for trials. Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers.
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According to the regulations, after reporting the case, the public security organ will generally accept the case and determine whether it is a criminal case based on the information you provide and the investigation. If it is a criminal case, it will be formally filed and entered the investigation stage. Otherwise, the case may not be filed.
It is recommended that you go to the public security department where you reported the case to inquire about the progress of the case, and if you think it constitutes fraud and the public security organ does not file a case, you can report it to the relevant department.
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Due to the complexity of the case, the degree of success is different, and the detection time is different, and it is difficult to have an accurate time.
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Legal analysis: It generally takes 4 and a half months to accept the case after investigation. Special cases may be extended in accordance with provisions upon approval based on specific circumstances.
The period of investigative detention after the arrest of a criminal suspect must not exceed two months. Where the case is complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.
Legal basis: Article 156 of the Criminal Procedure Law of the People's Republic of China: The period of investigative detention after the arrest of a criminal suspect must not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.
Article 159:Where a criminal suspect might be sentenced to 10 years imprisonment or more, and the extension period is completed in accordance with article 158 of this Law, but the investigation cannot be concluded, it may be extended for another two months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate.
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After the case is investigated and filed, where the conditions for criminal settlement are met, reconciliation may be conducted. Article 277 of the Criminal Procedure Law stipulates that in the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through means such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, the parties may reconcile: (1) Cases arising from civil disputes that are suspected of a crime provided for in Chapters 4 and 5 of the Specific Provisions of the Criminal Law, and may be sentenced to up to three years imprisonment; (2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.
Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply. Therefore, after the investigation and filing of the case, as long as the above conditions for settlement are met, the settlement can be carried out. Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the parties and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.
Legal basis: In the following public prosecution cases under article 277 of the Criminal Procedure Law of the People's Republic of China, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, the parties may reconcile: (1) In cases arising from civil disputes, suspected of crimes provided for in Chapters 4 and 5 of the Specific Provisions of the Criminal Law, and a sentence of up to three years imprisonment might be given; (2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.
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The procedures for whether or not to file a case after the public security organ has received a report from a citizen or victim are as follows:
Article 166 of the "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs" The public security organs shall immediately accept citizens' surrenders, reports, accusations, or reports, or the voluntary surrender of criminal suspects, ask about the circumstances, and make a record, and after verifying that they are correct, the person who turned them in, the person who reported the case, the accuser, the informant, or the person who voluntarily surrendered to the case shall sign and leave a fingerprint. When necessary, an audio or video recording shall be made.
Article 168: When public security organs accept a case, they shall draft a case acceptance registration form and issue a receipt.
Article 175:Where, after accepting a case, public security organs find upon review that there are facts of a crime that need to be pursued for criminal responsibility and that they are within their jurisdiction, they are to file the case with the approval of the responsible person at the public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.
In cases where there is an accuser, and a decision is made not to file the case, the public security organs shall draft a notice not to file the case and serve it on the accuser within 3 days.
Article 176:Where the accuser is dissatisfied with the decision not to file a case, they may apply for a reconsideration to the public security organ that made the decision within 7 days of receiving the notice of not filing the case; The public security organs shall make a decision within 7 days of receiving the application for reconsideration, and notify the accuser in writing.
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Legal analysis: Under normal circumstances, the case is closed within three months by the Economic Investigation Brigade. People's courts applying the simplified procedures to try cases shall complete trial within 3 months of filing the case.
Cases tried by courts applying ordinary procedures shall be completed within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for 6 months with the approval of the president of that court; and where an extension is still necessary, it shall be reported to the higher court for approval.
Legal basis: Article 208 of the Criminal Procedure Law of the People's Republic of China: People's courts hearing public prosecution cases shall announce a verdict within 2 months of accepting it, and must not exceed 3 months at the latest. In cases where the death penalty might be given, or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 158 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval.
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