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Whether or not the victim reports the case does not affect the determination of the facts of the case, but if the investigating organ does not obtain evidence such as the testimony of the victim, it may cause major flaws in the evidence of the verdict, resulting in unclear facts and doubts about the case.
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If the victim does not report the case, then the case does not exist and cannot be filed for referral.
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I just checked for you, even if the victim does not report the crime, the sentence will still be carried out.
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The difference is in civil compensation. Failure of the victim to report the case may result in the waiver of civil compensation. If the offender takes the initiative to seek the victim's forgiveness, the court may reduce the criminal responsibility depending on the circumstances. The outcome of a criminal offense is the same regardless of whether it is reported or not.
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The money is always bad, and the one that doesn't have half of it has no consequences, and anyway, if you check and maintain it, it's okay.
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There may be many victims, and those who report the crime will receive a certain amount of compensation, while those who do not report the crime will not.
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What happens if the victim fails to report the case in a public prosecution case? If the case is not reported, then it means that the court has to enforce the attitude, and the consequences must be resolved and accepted without opinion.
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If the victim does not report the crime, the police cannot file a case, unless it involves a public matter.
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If the victim does not report the case, it depends on whether ** has entered the file? There are some intentional injuries and the like, big things, it stands to reason that they should be actively entered.
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Luhaiyuan did not report the case, so only Chengda had the ability to suffer, so he could only bear it silently.
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If the dormitory does not report the crime, then it will be handled as a normal ordinary case.
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The result is the same, the victim is the same.
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In a public prosecution case, if the victim fails to report the crime, there will be certain consequences.
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Well, I think this kind of legal matter is like this, it's best to apply for free legal aid and call **, 12348.
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In general, the consequences should not be particularly many.
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Of course, if no one is going to deal with it, it should be said that the bone case.
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Legal Analysis: Yes. Where public security organs discover violations or crimes, they may file a case for investigation on the basis of their authority, and if they do not report or report the case, they may also file a case and handle it in accordance with law.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 107: When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file and investigate the case in accordance with the scope of its jurisdiction.
Article 108: Any unit or individual discovering 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, the people's Tongxiao Procuratorate, or the people's courts about the facts of the crime or the 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 the jurisdiction of oneself and are under one's own jurisdiction, emergency measures shall be taken first, and then transferred to the competent organs. Where the offender voluntarily surrenders to the public security organs, the people's procuratorate, or the people's courts, the provisions of the third paragraph apply.
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Legal analysis: Even if the victim does not report the case, the investigating agency can still initiate the investigation procedure and conduct a pre-filing review of the case based on the case materials and other accusations and reports it has discovered, so as to decide whether Hail Shan Zheng will file the case in accordance with the law. The victim in a public prosecution case may have many reasons to remain silent about the suspected criminal act that caused his or her own damage, but this silence is not a statutory reason for not pursuing the criminal act, that is, the victim of the public prosecution case does not have the right to punish the criminal act that should be exercised by the power of the state public prosecution.
As long as the basic facts of the perpetrator's crime are established and there is a possibility that the perpetrator will be subject to criminal punishment by Yuan Song, the party that is the victim has the obligation to cooperate with the investigating agency in restoring the truth of the facts during the investigation.
Legal basis: Article 107 of the Criminal Procedure Law of the People's Republic of China: When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file the case for investigation in accordance with the scope of jurisdiction.
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Legal analysis: Even if the victim does not report the case, the investigating agency can still initiate the investigation procedure and conduct a pre-filing review of the former case based on the case materials and other accusations and reports it has discovered, so as to decide whether to file the case in accordance with the law. However, this silence is not a statutory reason for not pursuing the criminal act, that is, the victim of the public prosecution case has no right to punish the criminal act that should exercise the power of the state to prosecute the criminal act.
As long as the basic facts of the perpetrator's crime are established and there is a possibility that the perpetrator may be subject to criminal punishment, the party that is the victim has the obligation to cooperate with the investigating organ in restoring the truth during the investigation.
Legal basis: Article 107 of the Criminal Procedure Law of the People's Republic of China: When a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, it shall file the case for investigation in accordance with the scope of jurisdiction.
In the case of attached civil litigation in criminal proceedings, it is up to the victim to decide whether or not it is necessary to hire a lawyer. If the case is simple and the subject matter of the appeal is small, they may appear in court themselves or entrust relatives or friends to appear in court. If the case involved is complex and the subject matter involved is large, it is better to ask a lawyer for help. >>>More
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