Why are police stations generally reluctant to file cases?

In practice, the public security did not file a case for the following reasons:

1. It may not simply constitute a violation or crime, or although the reported or accuser has committed an illegal or criminal act, his conduct has not yet reached the standard for criminal prosecution. If it is a civil tort, the parties can choose to file a civil lawsuit with the people's court to pursue the other party's civil tort liability.

2. Although the reported or accuser constitutes a criminal offense, the nature of the case is a private prosecution case and does not fall within the scope of public prosecution. For example, in cases of insult, defamation, violent interference with the freedom of marriage, abuse, or embezzlement, such cases require the whistleblower or accuser to file a criminal lawsuit with the people's court and present evidence on his own.

There are many reasons why the police do not file a case, and there are basically two kinds: one is not under the jurisdiction of the local police station, and the other is that it is not a criminal case.

In the first category, where it is not within the jurisdiction of the local public security, on the basis of article 172 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs", after review, it is found that there are criminal facts, but cases that do not fall within one's own jurisdiction, shall be immediately reported to the responsible person at the public security organ at the county level or above for approval, and a notice of transfer shall be drafted and transferred to an organ with jurisdiction for handling. Apply for reconsideration level by level until you find their common superior.

In the second category, if the public security finds that it is not a criminal case, it shall issue a notice of non-filing, and apply to the public security organ for reconsideration with the notice of non-filing (if the public security refuses to issue it, we will explain the situation) to the public security organ (this is generally useless and can be skipped directly);

where the case is not filed again, apply for reconsideration to the level above the public security at the same level;

If the public security at the next higher level does not file a case, report it to the people's procuratorate, and if there is a notice of non-filing of a case from the public security, go to the procuratorate at that level, and if there is no notice of non-filing, go to the people's procuratorate at that level.

Article 179 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs: In cases where the People's Procuratorate requests an explanation of the reasons for not filing a case, the public security organ shall, within 7 days of receiving the written notice, make a written explanation of the circumstances, basis, and reasons for not filing the case, and reply to the People's Procuratorate. Where the public security organs make a decision to file a case, they shall send a copy of the decision to file the case to the people's procuratorate.

Legal analysis: 1. The reported case does not meet the standards for criminal filing and prosecution, so the public security organ will not file the case; 2. It may be reported as a civil case, so the public security organ will not file the case; 3. It may be reported as an administrative case, so the public security organ will not file the case. There is also the possibility of bending the law for personal gain, but China's law has remedies for situations where the public security organs should have filed a case but did not file a case.

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 113: If the People's Procuratorate believes that the public security organs have not filed and investigated a case that should be filed and investigated, or if the victim believes that the public security organs have not filed and investigated a case that should be filed and investigated, and submits it to the People's Procuratorate, the People's Procuratorate shall request the public security organ to 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.

There are basically two reasons why the police station does not file a case, one is that it is not under the jurisdiction of the local police station, and the other is that it is not a criminal case.

Where it is not within the jurisdiction of the local public security, it should be immediately reported to the responsible person of the public security organ at the county level or above for approval, and a notice of transfer of the case shall be drafted and transferred to the organ with jurisdiction over the trapped beam for handling.

If the public security finds that Wang Heyun is not a criminal case, they shall issue a notice not to file the case.

Hello, dear, it is a pleasure to serve you Generally speaking, the reasons why the police station is reluctant to file a case are: 1. The case materials are insufficient, and there is no evidence to prove the lead; 2. The quality of the case materials is not good, and the evidence cannot prove the circumstances of the case or the charges in the case; 3. The case does not meet the requirements for filing a case, such as the victim is unwilling to report the case, the case occurs in a foreign country, etc.; 4. There are doubts in the case, such as the scene of the crime was polluted, the evidence was tampered with, and the victim had contradictory statements; 5. The case is simple, and the victim advocates that the parties resolve it on their own; 6. The case has already been handled by other judicial organs, and the police station cannot file the case repeatedly; 7. The case is within the jurisdiction of other divisions, and the police station cannot handle it; 8. The case does not comply with relevant provisions, such as exceeding the scope of the police station's investigative jurisdiction, exceeding the time limit for pursuing criminal responsibility, and so forth.

Dear, police stations are generally reluctant to file cases for the following reasons:1It is difficult to identify the case and lacks necessary evidence; 2.

The case is within the scope of the public security organs that do not have the scope to accept the case; 3.Public interest disputes where the parties have not agreed upon; 4.The case has expired; 5.

The content of the case involves political issues; 6.Both parties refuse to provide valid evidence; 7.The place where the case occurred is not within the jurisdiction of the public security organs; 8.

The parties are willing to mediate; 9.Both parties have the right to defence; 10.The case has jurisdiction over other laws.

The above is my reply, I hope it will be helpful to you. <>

<> <> "Hello! The reasons why police stations are generally reluctant to file a case may be as follows: The nature of the case is not clear.

If the nature of the case is unclear, it is unclear whether it is a criminal or administrative case, or if it does not meet the criteria for filing a case, the police station may suspend or not file the case. Lack of evidence. If the evidence in the case is insufficient, or there is a lack of key evidence, the police station may consider that the case cannot be filed.

The relationship between the people involved is complex. If the case involves complex personnel relationships and involves multiple people or units, the office may require more investigation and evidence collection, and need to consider the impact and consequences of the case, so it may not file the case or suspend the filing of the case. The legal process is unclear.

If the police station is not familiar with the legal procedures, or is not clear about the criteria and evidence requirements for filing a case, it may lead to not filing a case or filing a wrong case. Insufficient manpower and material resources. If the police station does not have enough manpower and material resources to carry out investigation and evidence collection, or is unable to undertake follow-up work after the case is filed, it may also lead to failure to file a case.

It is necessary to note that the police station's failure to file a case does not mean that the case is not established, and the parties concerned can only appeal or prosecute to the higher-level public security organs or judicial organs to seek more help and support.