Do I need to notify the parties of the postponement of the handling of public security cases?

Updated on society 2024-04-29
5 answers
  1. Anonymous users2024-02-08

    The party to whom the processing is processed will be notified.

  2. Anonymous users2024-02-07

    Article 99 of the Law on Public Security Administration Penalties stipulates that the time limit for public security organs to handle public security cases shall not exceed 30 days from the date of acceptance; Where the circumstances of the case are major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above. The period for conducting evaluations in order to ascertain the facts of the case is not included in the time limit for handling public security cases.

    The "time limit for handling public security cases" here refers to the time limit from the date of acceptance of public security cases to the conclusion of public security cases. The time limit for public security organs to handle public security cases is divided into two situations:

    In the first case, the time limit for handling a general public security case is 30 days. Because ordinary public security cases are cases that are discovered immediately, the facts of the cases are relatively simple, and it is relatively easy to investigate and collect evidence, the time limit for handling cases does not need to be very long. Moreover, ordinary public order cases need to be handled efficiently in order to resolve social contradictions and stabilize social order as soon as possible.

    The long time it takes to handle cases not only occupies the precious resources of the public security organs, but also makes the parties concerned unbearable, so the public security organs have to complete the handling of ordinary public security cases within 30 days.

    The second is that in special circumstances, i.e., when the case is major or complex, the time limit for handling the case may be extended by 30 days with the approval of the public security organ at the next higher level. Of course, there are strict conditions for this kind of case-handling period: First, the case is major and complicated, and second, it has been approved by the public security organ at the next higher level, and even so, the extended time limit can only be 30 days, and it cannot be extended any longer. Note that the second circumstance is also applicable when the offender is brought into the case, and if the perpetrator escapes and does not appear in the case, then even if another 30 days have passed, the public security organs cannot calculate the time limit for handling the case in this way.

  3. Anonymous users2024-02-06

    Legal analysis: The postponement of public security cases is generally not more than two months. According to the relevant laws and regulations of our country, the time limit for handling public security cases is generally not to exceed two months, and where the case is major or complicated, it may be extended by two months with the approval of the public security organ 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, and the Supreme People's Court shall make a decision.

    Legal basis: Article 243 of the Criminal Procedure Law of the People's Republic of China Second-instance people's courts accepting appeals and prosecutorial counter-appeals shall conclude trial within two months. 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 2 months may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval.

    The time limit for the Supreme People's Court to accept appeals and prosecutorial counter-appeals is to be decided by the Supreme People's Court.

  4. Anonymous users2024-02-05

    The informant will not be notified, but the informant will be notified of the receipt of the case. However, the victim will be notified, because there is a receipt of service at the end of the case, which must be signed by the victim, and there is the number of the punishment decision of the person being punished, etc., which is considered to be a notification to the victim, but the victim has the right to inquire about the handling of the case.

    Legal basis: Article 107 of the Criminal Procedure Law of the People's Republic of China provides that the service of summonses, notices and other litigation documents shall be delivered to the addressee himself; If he is not there, he may hand it over to his adult family member or the responsible person of his unit to collect it on his behalf.

    When the recipient himself dismantles the code or the person receiving it refuses to accept it or refuses to sign or affix a seal, the person who delivers it may invite his neighbor or other witnesses to be present, explain the situation, leave the documents at his residence, and indicate the reason for the refusal and the date of service on the certificate of service, and have the person who delivers it sign, that it is deemed that it has been served late.

  5. Anonymous users2024-02-04

    Summary. Hello, it's a pleasure to answer for you; The reason why the parties to a public security case must be informed of the extension of the time limit is because although the parties to the case do not have the right to request an extension of the time limit for review and prosecution, nor do they have the qualifications to agree to or decide on a specific extension period, they have the right to know that the time limit has been extended. After the parties receive a written notice of an extension of the time limit for review for prosecution, the parties shall immediately cooperate in the process of making determinations in the course of review for prosecution, and make determinations of the facts of the individual's crime or evidence of the other party's crime, so as to reduce the time for review for prosecution.

    The parties shall complete all work at the request of the procuratorate, and must not cause illegal conduct by concealing the facts of the relevant crime.

    Hello, it's a pleasure to answer for you; The parties must be informed of the extension of the period for public security cases, because although the parties to the case do not have the right to request an extension of the time limit for review and prosecution, nor do they have the right to agree to or decide on the extension of the time limit, they have the right to know that the time limit has been extended. After the parties receive the notice of the infiltration, or extend the time limit for review for prosecution, the parties shall immediately cooperate in the determination of the process of review for prosecution, and make a determination of the facts of the individual's crime or the evidence of the other party's crime, so as to reduce the time for review for prosecution. The parties shall complete all work at the request of the procuratorate, and must not cause illegal conduct due to the concealment of relevant criminal facts.

    Legal basis: Article 170 of the Criminal Procedure Law: The People's Procuratorate shall review cases transferred for prosecution by the Supervision Organs in accordance with this Law and the relevant provisions of the Supervision Law. Where, upon review, the people's procuratorate finds that supplemental verification is necessary, it shall return to the supervision organs for supplemental investigation, and when necessary, may supplement the investigation on its own.

    In cases where retention in custody has already been employed in cases transferred for prosecution by the Supervision Organs, the people's procuratorate shall first detain the criminal suspect, and the retention in custody will be automatically lifted. The people's procuratorate shall make a decision on whether to arrest, release on guarantee pending further investigation, or residential surveillance within 10 days of detention. In exceptional circumstances, the time for decision may be extended by one to four days.

    The period during which the people's procuratorate decides to employ compulsory measures is not included in the time limit for review for prosecution.

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