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Under normal circumstances, a decision on whether to file a case is made within seven days. When the public security organs receive clues about a crime, they need to review them before deciding whether to file a case. Depending on the complexity of the case, there are different provisions.
According to the "Opinions of the Ministry of Public Security on Reforming and Improving the System for Accepting and Filing Cases", the time limit for filing and reviewing criminal cases shall not exceed 3 days in principle; Where leads on suspected crimes need to be verified, the period for case filing and review is not to exceed 7 days; In major, difficult, and complex cases, the period for case filing and review may be extended to 30 days upon approval by the responsible person at a public security organ at the county level or above. Where the public comes to report a case, they shall register the receipt of the report on the spot, accept the evidence materials on the spot, issue a receipt of receipt of the report on the spot, and inform them of the methods and channels for inquiring into the progress of the case.
In accordance with article 175 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs": "...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. In accordance with article 176 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs":
Where the accuser is not satisfied with the decision not to file a case, he may apply for reconsideration. Legal basis: Article 175 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" Where, after accepting a case, after public security organs accept a case, upon review, they find that there are facts of a crime that require 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.
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How long it takes from reporting a case to filing a case depends on what kind of case it is.
If it is a major case such as homicide or robbery, as long as it is reported, the public security organ will immediately file a case and investigate.
If it is an ordinary criminal case, the public security organ will file the case within three days if it meets the criteria for filing a case.
For other public security cases, the time for filing will be determined according to different circumstances.
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According to the law, the police generally decide whether to file a case within seven days after receiving a report. When the public security organs receive clues about a crime, they need to review them before deciding whether to file a case. Depending on the complexity of the case, there are different provisions.
[Legal basis].
Article 175 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs: Where, after accepting a case, after public security organs accept a case, upon review, find that there are facts of a crime that require criminal responsibility, and that it is within their own 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. Where a decision is made not to file a case in a case where there is an accuser, the public security organs shall draft a written notice of not filing the case and serve it on the accuser within 3 days.
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If you are defrauded, you don't have to wait all the time.
Under normal circumstances, a decision on whether to file a case is made within seven days. When the public security organs receive clues about a crime, they need to review them before deciding whether to file a case. Depending on the complexity of the case, there are different provisions.
1. In principle, the time limit for filing and reviewing criminal cases shall not exceed 3 days; Where leads on suspected crimes need to be verified, the period for case filing and review is not to exceed 7 days; In major, difficult, and complex cases, the period for case filing and review may be extended to 30 days upon approval by the responsible person at a public security organ at the county level or above.
2. Where the public comes to report a case, they shall register the receipt of the report on the spot, receive evidence materials on the spot, issue a receipt of receipt of the report on the spot, and inform them of the methods and channels for inquiring into the progress of the case.
[Legal basis].
Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions. Article 224:Where, for the purpose of illegal possession, the other party's property is obtained by fraud in the course of signing or performing a contract, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
Article 192:Where, for the purpose of illegal possession, fraudulent methods are used to illegally raise suspended funds, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.
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The time it takes to file a case after reporting a case will vary depending on factors such as the region, the nature of the case, and the channels through which the case is reported. Generally speaking, if the case is an emergency, such as a criminal case, fire, etc., it will be filed and investigated as soon as possible; If the case is relatively ordinary, it may take some time for a preliminary investigation to determine the nature of the case before the case can be filed.
In China, in accordance with the relevant provisions of the Criminal Procedure Law of the People's Republic of China, the public security organs completed the registration of the Lixiangdan case within 24 hours from the date of receipt of the report; For special circumstances, the time can be appropriately extended. However, the actual situation may be affected by various factors, such as the complexity of the case, human resources, etc., so the specific time for filing a case may vary. If you have any questions about the timing of your case, it is recommended that you contact your local public security authorities for consultation.
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