If no evidence is found, can a case be filed, and can a case be opened without evidence?

According to the law, the public security and judicial organs shall review the materials of accusations, reports or voluntary surrender in accordance with the scope of their jurisdiction. Where there are facts of a crime that need to be pursued for criminal responsibility, and the requirements for filing a case are met, a case shall be filed. After the case is filed, the public security organs and people's procuratorates begin to investigate ordinary cases; Private prosecution cases are directly heard by the people's courts; If there are no facts of a crime, or criminal responsibility should not be pursued in accordance with law, the case is not to be filed.

It can be seen that there are two conditions for filing a case: first, there are criminal facts; Second, the facts of the crime need to be investigated 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.

After a case is filed, investigators are to obtain facts and evidence related to the crime or innocence through investigation.

Legal basis: Article 110 of the Criminal Procedure Law: People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials on reports, accusations, reports, and voluntary surrenders in accordance with the scope of their jurisdiction, and when they find that there are facts of a crime that require criminal responsibility, they shall file a case; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

Article 15: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or not guilty

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

There is no evidence to file a civil case, and the court accepts a civil case mainly to see whether it meets the conditions for filing a case as stipulated by law, not whether the parties have evidence, but they cannot win the case, and may even be accused of being framed, so it is necessary to obtain conclusive evidence in the prosecution.

Legal basis: Article 64 of the Civil Procedure Law.

It is the responsibility of the parties to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and the remaining litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

Article 65 of the Civil Procedure Law.

Parties shall promptly provide evidence for their own claims.

On the basis of the parties' claims and the circumstances of the trial of the case, the people's court is to determine the evidence that the parties should provide in turn and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.

No case can be opened without any evidence. The case must be filed with complete evidence.

Legal analysis: There are several ways to deal with insufficient evidence after a case is filed: (1) Where the victim or his legally-designated person is unable to collect evidence on his or her own for objective reasons, upon application to the people's court, the people's court shall investigate and collect it ex officio.

2) Where the victim or his legally-designated person has not applied to the people's court for investigation and collection of evidence, the people's court shall persuade the private prosecutor to withdraw the prosecution or rule to reject it. (3) Further strengthen the degree of case observation and public participation, and implement the Supreme People's Procuratorate's requirements for strengthening the public review of non-prosecution and appeal cases.

Legal basis: Article 175 of the Criminal Procedure Law of the People's Republic of China: When reviewing a case, the People's Procuratorate may request that the public security organ provide the evidence necessary for the court trial; Where it is found that there might be circumstances of illegal evidence gathering as provided for in article 56 of this Law, they may be required to explain the legality of the evidence gathering. When the people's procuratorate reviews a case, it may return it to the public security organ for supplemental investigation if it is necessary to supplement the investigation, or it may conduct the investigation on its own.

In cases of supplemental investigation, the supplemental investigation shall be completed within one month. Supplemental investigation is limited to two times. After the supplementary investigation is completed and transferred to the people's procuratorate, the people's procuratorate is to recalculate the time limit for review for prosecution.

In cases of secondary supplemental investigation, where the people's procuratorate still finds that the evidence is insufficient and does not meet the requirements for prosecution, it shall make a decision not to prosecute.

To file a case, three conditions must be met at the same time as follows:

1. The existence of criminal facts refers to the objective existence of some kind of criminal conduct that endangers society, which is the primary condition for filing a case;

2. The need to pursue criminal responsibility refers to the criminal responsibility of the criminal perpetrator that shall be pursued in accordance with law, and only the facts of the crime that need to be pursued for the criminal responsibility of the perpetrator in accordance with the law, when there are criminal facts and the criminal responsibility of the perpetrator needs to be pursued in accordance with the law, a case shall be filed;

3. Territorial jurisdiction, public security organs can only have jurisdiction over cases that the law provides for their own jurisdiction, and cases that are not under their own jurisdiction cannot be filed.

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.

Case filing means that the public security, judicial organs, and other administrative law enforcement organs decide to investigate or try the case as a case after reviewing the materials such as reports, accusations, reports, voluntary surrenders, and private prosecutors' prosecutions in accordance with their respective jurisdictions. The primary condition for filing a case is that there should be facts of a crime, and if there are no facts of a crime, a case cannot be filed.

Provisions on the Application of the Period of Criminal Detention by Public Security Organs".

Article 23: Where the people's procuratorate decides to return a case transferred by the public security organs for review for prosecution after review, the public security organs shall complete the supplementary investigation within one month in accordance with the requirements of the supplementary investigation outline after receiving the people's procuratorate's legal documents for returning the supplementary investigation. Supplementary investigations are limited to two times. In cases transferred by the public security organs for review for prosecution, where the people's procuratorate returns the case for supplemental investigation twice or after a public prosecution has already been initiated, the public security organs shall refuse in accordance with law.

Where the people's procuratorate submits a request for assistance due to the need to supplement the investigation, the public security organs shall assist it in accordance with law.

A case cannot generally be opened without evidence. The plaintiff has no evidence to file a lawsuit in the people's court. As long as the conditions for filing a civil case are met, a lawsuit can be filed in a people's court with jurisdiction.

As for evidence, if the plaintiff is unable to obtain it for objective reasons, or if it is unable to obtain it himself, he may apply to the people's court to investigate and collect evidence.

What are the three conditions that must be met to open a case.

1. There are facts of a crime, that is, in a case that has already been accepted, the criminal suspect's behavior has violated the criminal law and constitutes a crime. This kind of criminal fact already exists objectively and is not a subjective assumption;

2. It is necessary to pursue criminal responsibility, that is, the criminal behavior of the criminal suspect needs to be punished in accordance with the law. If his conduct only constitutes a crime, and he should not be investigated for criminal responsibility in accordance with the law, a case should not be filed;

3. Territorial jurisdiction, public security organs can only have jurisdiction over cases that are under their own jurisdiction as provided by law, and cases that are not under their own jurisdiction cannot be filed if they are not provided for by law.

Legal basisArticle 122 of the Civil Procedure Law of the People's Republic of China.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

In the absence of evidence, the court will also accept a civil lawsuit and will also file a case for trial. The conditions for the court to accept the lawsuit are: there is a clear defendant, claims, facts and reasons.

Whether there is evidence does not affect the court's acceptance of the lawsuit, and whether the evidence can support the litigation claim is a matter that needs to be ascertained by the court in the trial of the termination. In the absence of evidence, the court will also accept a civil lawsuit and will also file a case for trial. Rights protection must have the existence of infringement and infringement facts, and at the same time, there must be corresponding evidence to prove the establishment of facts in order to effectively protect rights.

Without the corresponding evidence of searching and dismantling the elderly, it is difficult to get the support of the law or the court even if the lawsuit is filed. There is no evidence to support it, unless the infringer or the infringer can take the initiative to admit or bear it, there is no certainty of victory. Evidence is the corroborative material of objective facts, and the issue of evidence is the core issue of litigation, and all litigation activities actually revolve around the collection and application of evidence.

1. Where there is no direct evidence, but the circumstantial evidence meets the following conditions at the same time, the defendant may be found guilty:

1. The evidence has been verified to be true;

2. The evidence corroborates each other, and there are no contradictions and unexplained doubts that cannot be eliminated;

3. The evidence of the whole case has formed a complete proof system;

4. The facts of the case are sufficient to eliminate reasonable doubt based on the evidence, and the conclusion is unique;

5. Reasoning using evidence is logical and empirical.

2. How to make a judgment if the evidence for minor injuries is insufficient.

1. The public security organs may mediate and close the case. After the public security organs have completed the filing and investigation of minor injury cases that were originally considered to be "insufficient evidence", a report on the conclusion of the investigation shall be issued and sent to both parties, and both parties may be persuaded and educated, and on the premise that both parties are voluntary, both parties are to write an application for mediation to the public security organs, and on this basis, the public security organs may organize mediation to conclude the case. In this way, it is convenient to stabilize the emotions of both parties and resolve conflicts in a timely manner;

2. The victim initiates a private prosecution. In ordinary minor injury cases where the basic facts are clear, the basic evidence is credible and sufficient, and the public security organs are unable to persuade both parties to voluntarily mediate, the public security organs shall inform the victim to initiate a civil lawsuit attached to the criminal case in the people's court. In cases of minor injuries where the public security organs find that the evidence of harm is still insufficient or difficult to ascertain, or that the public security organs do not consider to be a crime, the public security organs shall inform the victim to initiate a civil lawsuit in the people's court and demand that the other party bear civil liability;

3. Implement "limited public prosecution" for special cases. That is, in cases of minor injuries that meet the requirements for general public prosecution described above, where the circumstances of the case are complex, the social impact or harm is relatively large, and the public security organs have already taken compulsory measures against the defendant and can be sentenced to a criminal punishment, the public security organs should transfer the case to the procuratorate as soon as possible to initiate a public prosecution in accordance with law.

Legal basis: Criminal Procedure Law of the People's Republic of China" Article 231 Where a defendant, private prosecutor, plaintiff or defendant in an attached civil lawsuit submits an appeal through the original people's court, the original people's court shall transfer the appeal petition to the people's court at the level above within 3 days, together with the case file and evidence, and at the same time send a copy of the appeal petition to the people's procuratorate at the same level and the opposing party.

A case cannot generally be opened without evidence. According to the relevant provisions of China's Criminal Procedure Law, any unit or individual, including the victim, may report, report or make accusations against the relevant criminal facts or criminal suspects to the public procuratorate and judicial organs, and the public procuratorial and judicial organs shall accept them; However, the organ accepting the case shall conduct a review within its jurisdiction, and may file a case only if there is relevant evidence to prove the facts of the crime or that the criminal suspect should be pursued for criminal responsibility.

Article 109 of the Criminal Procedure Law: When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file a case for investigation in accordance with the scope of its jurisdiction. Article 110:Any unit or individual discovering the facts of a crime or a criminal suspect has the right and the obligation to 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 it is not within one's own jurisdiction and it is necessary to employ emergency measures, the emergency measures shall be taken first, and then the defense shall be transferred to the competent organs.

Legal basis: Provisions of the People's Republic of China on Evidence in Civil Proceedings

Article 1: Where a plaintiff initiates a lawsuit in a people's court or a defendant submits a counterclaim, it shall be accompanied by evidence materials that meet the requirements for initiating a lawsuit.

Article 2: The parties have the responsibility to provide evidence to prove the facts on which the first reply to the litigation claim is based or the facts on which the objection to the other party's litigation claim is based.