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If there is no progress or news after 60 working days of case filing, the person reporting the case may consult with the police at the police station or directly with the police handling the case about the progress of the case. If the police handling the case are suspected of dereliction of duty or inaction, they may file a complaint with the discipline inspection and supervision department of the local public security bureau.
Legal analysisIf the public security organ delays the handling of the case and does not handle it, it may file a complaint with the local procuratorate, or it may also report it to the public security administrative supervision department. If the police station does not handle the case in a timely manner, the person concerned can complain to the Commission for Discipline Inspection that the police station cannot act as a complaint to the higher authorities, and if it is a criminal case, he can appeal to the local procuratorate. In real life, incidents of citizens being harmed by illegal acts occur from time to time.
According to the relevant provisions of the law, citizens may file a complaint with the public security organs against criminal acts that infringe upon their rights and interests, and demand that the infringer be investigated for criminal responsibility. However, when the public security organs find that the facts of the crime are obviously minor and there is no need to pursue criminal responsibility, they will not file a case, that is, they will not handle it as a criminal case. If the accuser believes that the public security organ's practice of not filing a case is improper, there are three remedies available:
The first is to apply for reconsideration to the public security organ that decided not to file the case; the second is to request the people's procuratorate to supervise the filing of the case; The third is to file a private prosecution. Where the police substation has not handled the case since the case is filed, the person reporting the case may report or make an accusation to the public security organs, people's procuratorates, or administrative supervision organs. Reports and accusations made by administrative supervision organs, and organs that receive reports or accusations shall promptly handle them in accordance with their duties.
Legal basisPublic Security Organs' People's Police Disciplinary Regulations" Article 12: Where any of the following conduct is exhibited, a demerit or major demerit is to be given; where the circumstances are more serious, sanctions of demotion or removal are to be given; where the circumstances are serious, a sanction of dismissal is given: (1) Matters such as accepting a case, filing a case, withdrawing a case, submitting an arrest request, or transferring a case for prosecution that should be handled in accordance with law, are not handled without a legitimate reason; (2) Concealing, failing to report, or falsely reporting major public security cases, criminal cases, extraordinarily serious road traffic accidents, and mass or sudden incidents that occur within the jurisdiction that should be reported; (3) Serious dereliction of duty in inquests, inspections, evaluations, and other evidence collection work, causing innocent persons to be dealt with or persons who have violated the law or committed crimes to evade legal prosecution; (4) Dereliction of duty causing persons in custody or supervision to escape, become disabled, die, or have other negative consequences; (5) Leaving their posts without permission while on duty, on duty, or on duty, causing negative consequences; (6) Failure to perform case-handling coordination duties, causing negative consequences; (7) Retreating or fleeing from battle while performing tasks.
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If it is a criminal case, it is not 100% able to close the case, if the responsibilities of both parties to the case are clear, then you can supervise it, and if there is no result, you can report it to the public security organ at the next higher level.
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When the police station does not file a case, the party concerned can respond to the public security supervision at a higher level, or go to the procuratorate to complain.
Legal basis: Article 86 of the Criminal Procedure Law: When a people's court, people's procuratorate, or public security organ decides not to file a case, it shall notify the accuser of the reasons for not filing the case. If the complainant is not satisfied, he may apply for reconsideration.
Article 87 of the Criminal Procedure Law: Where the people's procuratorate finds that the public security organs have not filed and investigated a case that should have been filed and investigated, or where the victim believes that the public security organs have not filed a case for investigation of a case that should have been filed and investigated, and submits it to the people's procuratorate, the people's procuratorate shall request that the public security organ explain the reasons for not filing the case. Where the people's procuratorate finds that the public security organ's reasons for not filing a case cannot be sustained, it shall notify the public security organ to file the case, and the Yanlian public security organ shall file the case after receiving the notice.
Article 170 of the Criminal Procedure Law: In cases where the victim has evidence proving that the defendant's conduct violated his or her personal or property rights shall be pursued for criminal responsibility in accordance with law, but the public security organ or people's procuratorate does not pursue the defendant's criminal responsibility and makes a written decision, the victim may directly initiate a private criminal prosecution with the people's court at the place where the crime was committed.
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If the police station does not file a case, it can also file a complaint with the discipline inspection department of the public security organ, or it may also file a complaint with the procuratorate.
If it is decided not to file a case, a notice of non-filing will be issued to explain the reasons for not filing a case, and if the public security organ does not file a case, it will not issue a notice of non-filing, complain to the Municipal Public Security Bureau or apply for reconsideration, or file a case with the procuratorate.
In the performance of their duties, the people's police are to accept the supervision of the people's procuratorates and administrative supervision organs in accordance with law. Citizens or organizations have the right to report or make accusations to the people's police organs, people's procuratorates, or administrative supervision organs against violations of law or discipline by the people's police. The organ accepting the report or accusation shall promptly investigate and handle it, and inform the informant or accuser of the outcome of the investigation.
No one may suppress or retaliate against citizens or organizations that make reports or accusations in accordance with law.
Laws and Regulations
Criminal Procedure Law of the People's Republic of China
Article 86: Public security organs shall conduct interrogations of detained persons within 24 hours of their detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must be issued. Article 87: When public security organs request the arrest of a suspect who has committed a crime of brother and brother, they shall write a written request for approval of arrest, and together with the case file materials and evidence, and send it to the people's procuratorate at the same level for review and approval.
When necessary, the people's procuratorate may appoint personnel to participate in the public security organs' discussions of major cases. Article 88: People's procuratorates may interrogate criminal suspects upon review and approval of arrest; In any of the following circumstances, the suspect shall be interrogated
1) There are doubts about whether the requirements for arrest are met;
2) The criminal suspect requests to make a statement to the procurator in person;
3) There may be major illegal conduct in the investigative activities.
When the people's procuratorate reviews and approves arrest, it may question witnesses and other litigation participants, and hear the opinions of the defense lawyer; Where the defense lawyer makes a request, the defense lawyer's opinions shall be heard.
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If it is decided not to file a case, a notice of non-filing will be issued to explain the reasons for not filing a case, and if the public security organ does not file a case and does not issue a notice of non-filing, it can directly go to the public security organ to file a complaint or directly apply for reconsideration; or directly file a case with the procuratorate; If the police station does not file a case, it must explain its reasons, and at the same time ensure that it is within the jurisdiction of law enforcement officers, so that it can be handled better.
Code of Criminal Procedure
Article 112.
People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials for reporting, accusations, reports, and voluntary surrender 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 complainant is not satisfied, he may apply for reconsideration.
Article 113.
Where the people's procuratorate finds that the public security organs did not file and investigate a case that should be filed and investigated, or where the victim believes that the public security organs did not file and investigate a case that should be filed and investigated, and submits it to the people's procuratorate, the people's procuratorate shall request that the public security organ explain the reasons for not filing the case.
Where the people's procuratorate finds that the public security organ's reasons for not filing a case cannot be sustained, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notice.
1. Provisions on the filing and withdrawal of cases in law:
Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs
Article 175:Where, after public security organs accept a case, upon review, find 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 a 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 cannot be 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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