What does it mean to open a criminal case, and what does it mean to open a criminal case

Criminal behavior has three basic characteristics:

social harm;

criminal offences;

Punitive.

1) A criminal offense is an act that endangers society, that is, it has a certain degree of social harm. The social harmfulness of behavior is the most essential and basic characteristic of crime. The reason why China's criminal law stipulates that a certain act is a crime is because the act endangers the socialist social relations protected by China's criminal law and is socially harmful.

If an act is not likely to cause harm to society at all, it cannot constitute a crime, let alone be punished. If an act has a certain degree of harm to society, but the circumstances are minor and the harm is not great, it cannot be considered a crime. Therefore, if there is no social harm, there is no crime, and if the social harm does not reach a considerable level, it does not constitute a crime.

2) A criminal offense is a violation of criminal law, i.e., it is a criminal offense. There are various kinds of illegal acts, some of which are violations of civil laws and economic laws, which are civil violations and economic violations; Some of them violate administrative laws and regulations, which are administrative violations. A crime is also an illegal act, but it is not an ordinary illegal act, it is a violation of the criminal law, an act that violates the criminal law, and it is a criminal violation.

Violations of the law are not all crimes, only violations of the criminal law constitute crimes.

3) A criminal offense is an act punishable by criminal punishment, i.e., it is punishable. Criminal acts, like other illegal acts, are subject to corresponding legal consequences. In the case of criminal acts that violate the criminal law, the legal consequences of criminal punishment are borne.

Criminally punishable is also one of the basic characteristics of a crime, and if an act is not punishable, it means that it is not a crime. The three basic characteristics of crime are closely integrated and inseparable, and social harmfulness is the most essential and basic characteristic of crime. These three essential characteristics are inherent in any crime.

Other violations do not possess these three basic characteristics.

In short, a criminal offense is an act that violates criminal law, but a criminal offense is not the same as a criminal case. Criminal cases include criminal offenses and criminal proceedings.

Legal analysis: If you are suspected of committing a crime, whether you want to go to jail depends on the specific circumstances of the case and the verdict of the court. Criminal responsibility should be pursued.

The investigation stage of a criminal case (the Public Security Bureau), the review for prosecution stage (the procuratorate), and the trial stage are all very important, and it is recommended that a lawyer be entrusted to intervene as early as possible to obtain a lower sentence or no sentence.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 109: 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 110: 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, 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 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.

Article 111:Reports, accusations, or reports may be submitted in writing or orally. Staff members who receive oral reports, accusations, or reports shall write a record, and after it is read out correctly, the person making the report, accuser, or informant is to sign or affix a seal. Staff members who receive accusations or reports shall explain to the accuser or informant the legal responsibility they should bear for false accusations.

However, as long as it is not a fabrication of facts or fabrication of evidence, even if there are discrepancies in the facts of the accusation or report, or even if it is wrongly accused, it must be strictly distinguished from false accusation. Public security organs, people's procuratorates, or people's courts shall ensure the safety of informants, accusers, informants, and their close relatives. If the informant, accuser, or informant is unwilling to disclose his or her name or the conduct of the report, accusation, or report, he shall keep his secret.

"Case filing in criminal proceedings" refers to the discovery of criminal facts or criminal suspects by public security organs or people's procuratorates, or the reporting of cases by public security organs, people's procuratorates, or people's courts;

It is a type of litigation activity in which the materials of accusations, reports, and voluntary surrenders, as well as the materials of the private prosecutor's indictment, are examined in accordance with the scope of their respective jurisdictions, and are decided to be investigated or tried as criminal cases.

As a sign of the beginning of criminal proceedings, the filing of a case is a statutory stage that every criminal case must go through;

At the same time, this stage of the proceedings has a relatively independent and specific litigious task, in short, the decision on whether to start criminal proceedings.

1. How many stages are there in the process of criminal proceedings?

Criminal proceedings have the following phases: case filing, investigation, prosecution, trial and execution. Case filing refers to a litigation activity in which public security, judicial organs, and other administrative law enforcement organs decide to investigate or try materials such as reports, accusations, reports, voluntary surrenders, and private prosecutors' prosecutions in accordance with their respective jurisdictions.

II. What are the stages of criminal proceedings?

1) File a case. Case filing refers to a litigation activity in which a public security organ or people's procuratorate discovers the facts of a crime or a criminal suspect, or the public security organ, people's procuratorate, or people's court reviews the materials for reporting, accusing, reporting, and voluntary surrender, as well as the materials for the private prosecutor's prosecution, in accordance with their respective jurisdictions, and decides to conduct an investigation or trial as a criminal case.

2) Investigation. Investigation refers to the public security organs. In the course of handling cases, the people's procuratorates are to conduct special investigations in accordance with the law and to take relevant compulsory measures.

3) Prosecution. There are two types of prosecutions, including public prosecution and private prosecution.

1. Initiating a public prosecution refers to a litigation activity in which a procuratorial organ exercising the state's public prosecution power submits a case to the people's court for trial after a comprehensive review of a case transferred for prosecution after the public security organ's investigation has been completed or a case in which the investigation has been completed and the case has been completed by the public security organ.

2. Initiating a private prosecution refers to a case in which the victim or his or her legally-designated person directly files a complaint with the people's court and the people's court directly accepts it. According to the provisions of the Criminal Procedure Law, private prosecution cases include the following:

1) Cases that are handled only after complaining;

2) Minor criminal cases in which the victim has evidence to prove it;

3) Cases where the victim has evidence proving that the defendant's conduct violating his or her personal or property rights should be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorates do not pursue the defendant's criminal responsibility.

4) Refers to the withered judgment.

Trial refers to litigation activities in which the people's courts, with the participation of the prosecution and defense and other litigation participants, conduct trials and adjudication of criminal cases in accordance with the lawfully prescribed authority and procedures for which litigation claims have been submitted to them;

v) Enforcement. Enforcement refers to the implementation of judgments and rulings of the people's courts that have already taken legal effect.

Article 109 of the Criminal Procedure Law stipulates that when a public security organ or a 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 its jurisdiction.