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If the parties are suspected of a criminal offense and meet the statutory requirements for filing a case, the people's procuratorate or the public prosecution case needs to be filed and investigated. For ordinary criminal cases, where the public security organs have jurisdiction, the public security organs need to file the case. So, what should the Economic Investigation Brigade do if they file a case but don't arrest people?
During the period of economic investigation, if the conditions are met, the public security organs may take compulsory measures such as criminal detention or arrest of the criminal suspect. Case filing refers to a litigation activity in which public security, judicial organs, and other administrative law enforcement organs, after reviewing materials such as reports, accusations, reports, voluntary surrenders, and private prosecutors' prosecutions in accordance with their respective jurisdictions, decide to investigate or try them as criminal cases when they find that criminal facts have occurred and criminal responsibility needs to be pursued. After the public security organs decide to file a case for investigation, they may decide when to arrest the person according to the needs of the case, but there is no specific time stipulation, and under normal circumstances, the criminal suspect is already in the detention center when the case filing and investigation work begins.
After being caught, he was first detained and transferred to arrest within 30 days. If the Economic Investigation Brigade files a case but does not arrest anyone, there are three ways to solve it: 1
Submit a reconsideration to the police station. 2.File a lawsuit in court.
3.Report to the police supervision department of the public security organ at a higher level. Legal basis:
Article 110 of the Code of Criminal Procedure stipulates that: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 competent organs for handling, and the informant, 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.
Article 115 of the Criminal Procedure Law stipulates that 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.
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Where the accuser receives a written decision from the public security organs not to file a case, and is not satisfied with the public security organs' decision not to file a case, the following remedial measures may be employed.
1. Application for reconsideration.
If the accuser is not satisfied, he may apply for reconsideration. An application for reconsideration shall be submitted to the public security organ that made the decision not to file the case. The application for reconsideration shall be submitted within 7 days of receiving the notice of non-filing.
The reasons for filing the case should be stated in the application. The public security organs should make a decision within 7 days of receiving the application for reconsideration and notify the accuser in writing.
2. Apply for review.
Where the accuser is still not satisfied with the reconsideration decision, they may apply for a review to the public security organ at the level above within 7 days of receiving the reconsideration decision. The public security organ at the level above shall make a decision within 7 days of receiving the application for review. Where the public security organ at the level above revokes the decision not to file a case, the public security organ at the level below shall enforce it.
3. Lodge a complaint with the procuratorate.
Where the accuser is dissatisfied with the public security organ's decision not to file a case, he may also make a complaint to the procuratorate at the same level.
The procuratorate has the right to request an explanation of the reasons for not filing the case. Within 7 days of receiving the procuratorate's notice, the public security organs shall make a written explanation of the circumstances, basis, and reasons for not filing the case, and reply to the people's procuratorate.
Where the public security organs make a decision to file a case, they shall send a copy of the decision to file a case to the people's procuratorate.
Where the public security organs still find that a case should not be filed, and the procuratorate finds that a case should be filed, the procuratorate has the authority to notify the public security organs to file the case. Within 15 days of receiving the procuratorate's notice, the public security organ is to file the case and send a copy of the decision to file the case to the people's procuratorate.
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