What does it mean to file a case, and what does it mean that the result of the case is filed

See below for meaning:

It refers to a kind of litigation activity in which public security, judicial organs, and other administrative law enforcement organs, after reviewing materials such as reports, accusations, reports, voluntary surrenders, and private prosecutors' prosecutions in accordance with their respective jurisdictions, decide to investigate or try them as criminal cases when they find that criminal facts have occurred and need to be pursued for criminal responsibility.

Legal analysis: Case filing is a litigation act in which the people's court, after examining the plaintiff's lawsuit, finds that the lawsuit meets the statutory requirements, accepts it, and decides to hear it. Case filing marks the official beginning of the litigation process, and case filing is the legal consequence of the plaintiff's lawsuit being filed and accepted by the people's court.

Case filing refers to a litigation activity in which public security, judicial organs, and other administrative law enforcement organs, after reviewing materials such as reports, accusations, reports, voluntary surrenders, and private prosecutors' prosecutions in accordance with their respective jurisdictions, decide to investigate or try them as criminal cases when they find that criminal facts have occurred and criminal responsibility needs to be pursued.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 112: 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 need to be pursued for criminal responsibility, they shall file a case as if there were no facts of a crime, or when the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, they shall not file the case, and notify the accuser of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

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, and the process of filing and handling the case is as follows:

1. The parties submit a statement of complaint to the people's court with jurisdiction;

2. Submit evidence to the court;

3. After the parties have completed the necessary formalities and submitted the relevant evidence materials, the case filing tribunal shall, within seven days, handle the case filing formalities if the case meets the conditions for filing the case; If the conditions for filing a case are not met, it shall be ruled not to be accepted in accordance with the Bidan Law;

4. The parties pay the litigation costs.

Legal basis

Legal basisArticle 109 of the Criminal Procedure Law of the People's Republic of China.

When public security organs or people's procuratorates discover the facts of a crime or a criminal suspect, they shall file and investigate the case in accordance with the scope of their jurisdiction.

Article 110.

Any unit or individual who discovers 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.

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.

Where the offender voluntarily surrenders to the public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 apply.

The result of the handling is that the case is filed, which 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.

1. In accordance with the provisions of the Criminal Procedure Law, the public security organs have jurisdiction over criminal cases except in the following circumstances:

1. Supervise cases of job-related crimes under the jurisdiction of the leading organs;

2. Cases of illegal detention, extortion of confessions, illegal searches, and other crimes that infringe on citizens' rights and harm judicial fairness are carried out by judicial personnel abusing their authority to commit crimes that violate citizens' rights and harm judicial fairness discovered in the course of legal supervision of litigation activities within the jurisdiction of the people's procuratorates at the provincial level or above, as well as cases of major crimes committed by employees of state organs under the jurisdiction of public security organs under the jurisdiction of the people's procuratorate at the provincial level or above who have decided to file and investigate the case;

3. Private prosecution cases under the jurisdiction of the people's courts. Where a people's court directly accepts a minor criminal case where the victim has evidence to prove it, and the prosecution is rejected due to insufficient evidence, and the people's court transfers it to the public security organs, or the victim makes an accusation to the public security organs, the public security organs shall accept it; Where the victim directly makes an accusation to the public security organs, the public security organs shall accept it;

4. Crimes of violation of duties by military personnel under the jurisdiction of the military security department and criminal cases occurring within the army;

5. Criminal cases of criminals under the jurisdiction of prisons who commit crimes in prisons;

6. Criminal cases occurring in waters under the jurisdiction of the coast guard outside the coastline of the sea (island) under the jurisdiction of our country. For areas such as coastal ports, wharves, tidal flats, and dockings, the public security organs shall have jurisdiction;

7. Other criminal cases that shall be under the jurisdiction of other organs in accordance with laws and regulations.

2. In any of the following circumstances, the public security organs may combine cases for investigation within the scope of their duties:

1. It is good for one person to commit several crimes;

2. Joint crime;

3. The criminal suspect of a joint crime also commits other crimes;

4. The crimes committed by multiple criminal suspects are related, and the combined handling of the cases is conducive to ascertaining the facts of the crime.

Legal basis: "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" Article 175: In cases where upon review it is found that there are facts of a crime, but are not within one's own jurisdiction, it shall be immediately reported to the responsible person at a public security organ at the county level or above for approval, a notice of transfer of the case shall be drafted, and the case shall be transferred to an organ with jurisdiction for handling within 24 hours, and the person who turned it in, the person who reported the case, the person who made the accusation, or the person who made the informant was 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 formalities shall be completed and transferred to the competent organs.

Where matters that are not within the scope of the public security organs' duties can be judged on the spot when receiving a report, the person who turned it in, the person who reported it, the accuser, or the informant shall be immediately and orally informed to report the case to other competent organs. Where there are repeated reports, or the case is being handled or has already been completed, an explanation shall be given to the person who turned it in, the person who reported the case, the accuser, or the informant, and it is no longer to be registered, except where there are new facts or evidence.

"Case filing and handling" refers to a type of litigation activity in which the public security, people's procuratorate, or people's court decides to investigate or try a criminal case when it finds that a crime has occurred and criminal responsibility needs to be pursued after reviewing materials such as reports, accusations, reports, voluntary surrenders, and private prosecutors' indictments in accordance with their respective jurisdictions.

Generally, a case should be filed only when there are facts of a crime.

Legal basis] Article 112 of the Criminal Procedure Law, the people's courts, people's procuratorates, or public security organs shall promptly conduct a review of the materials for reporting, accusing, reporting, and voluntary surrender in accordance with the scope of their jurisdiction, and when they find that there are criminal facts that need to be pursued for 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 can apply for reconsideration before applying for wisdom.

The filing of a case is the beginning of a lawsuit, and its seriousness cannot be underestimated. The filing of a criminal case means that the judicial authorities believe that the case meets the conditions for filing a case with criminal facts and criminal responsibility, and opens the first step of the litigation procedure, which is usually followed by investigation, prosecution, trial, and execution. Although the filing of a case does not yet mean a final conviction, it needs to be taken seriously and seriously, otherwise it is very easy to be convicted and legally held in the final trial.

Therefore, the case filing stage has the seriousness of formally entering the litigation process.

According to Article 123 of the Civil Procedure Law, the people's court shall protect the right of the parties to sue in accordance with the provisions of the law. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Legal analysis: Case filing in criminal proceedings refers to a litigation activity in which the public security organs and people's procuratorates decide to investigate or try a criminal case after discovering the facts of a crime or a criminal suspect, or the judicial organs have reviewed the materials on reporting, reporting, and voluntary surrender in accordance with their respective jurisdictions. Acceptance of the case means that the plaintiff's lawsuit meets the court's criteria for filing a case, and the court makes a decision to formally file the case.

Legal basis: Article 112 of the Criminal Procedure Law of the People's Republic of China: 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 need to be pursued for 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.