What does it mean to file a case, and what does it mean to file a case

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: Criminal case filing refers to a kind of litigation activity in which a public security organ, people's procuratorate or people's court decides to investigate and try a criminal case when it believes that a crime has occurred and that it is necessary to pursue the criminal responsibility of a criminal suspect in accordance with the law. In case of emergency, certain investigative acts can also be carried out before the case is filed, such as inquest of the scene, search, seizure, etc.

1. There are criminal facts. 2. It is necessary to investigate the criminal responsibility of the criminal suspect. 3. It is within the jurisdiction of the judicial organs themselves.

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

Article 6: The people's courts exercise the power to adjudicate civil cases.

The people's courts are to independently adjudicate civil cases in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. 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.

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

2. After reviewing a criminal case or civil dispute, the judicial organ decides to list the litigation case as a litigation case for investigation or trial, which is the initial stage of litigation activities.

What are the conditions for filing a case?

1. To be investigated, it must be an act that constitutes a crime in accordance with the provisions of the Criminal Law;

2. The filing of a case shall and can only be carried out for criminal acts. If it is not a criminal act, a case cannot be filed;

3. Since the filing of a case is the beginning of the investigation of a crime, the fact of a crime at this time only refers to the discovery of some kind of criminal behavior that endangers society and violates the criminal law;

4. As for the entire process of the crime, the specific circumstances of the crime, and who the perpetrator is, it is not required to be completely clear at the time of filing the case;

5. There must be certain factual materials to prove that the crime has indeed occurred. This includes crimes that have been committed, are being committed, or are being prepared to commit crimes.

What is the need to pursue criminal responsibility.

1. The criminal responsibility of the perpetrator shall be pursued in accordance with law. Only when there are criminal facts that require the perpetrator to be held criminally responsible in accordance with the law, and when a crime has occurred and the perpetrator needs to be investigated for criminal responsibility in accordance with the law, it is necessary and should be filed;

2. Although there are facts of a crime, the statute of limitations for prosecution has already expired; Those who have been exempted from punishment by a special amnesty order; Crimes that are handled only after a complaint is made in accordance with relevant laws, and the complaint is not made or the complaint is withdrawn; The suspect is deceased;

3. Where other laws provide for exemption from criminal responsibility, criminal responsibility shall not be pursued.

Legal basisArticle 112 of the Criminal Procedure Law of the People's Republic of China.

Requirements for the Review of Case Filing Materials and Handling Case Filing] 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 shall file a case when they find that there are criminal facts that need to be pursued for criminal responsibility; 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.

Legal Analysis: Case filing refers to a litigation activity in which public security, judicial organs, and other administrative law enforcement organs decide to investigate or try a criminal case when they find 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' prosecutions in accordance with their respective jurisdictions. According to the relevant laws and regulations of the state, two conditions must be met at the same time:

1. There are facts of a crime, which is called factual conditions; 2. The need to pursue criminal responsibility is called the legal condition.

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 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 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.

Legal analysis: Case filing refers to a litigation activity in which public security, judicial organs and other administrative law enforcement organs decide to investigate or try cases after reviewing materials such as reports, accusations, reports, voluntary surrenders, and private prosecutors' prosecutions in accordance with their respective jurisdictions.

Legal basis: "Criminal Litigation 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 case 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 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 a crime are obviously minor, and it is not necessary to pursue criminal responsibility, call for not to file a case, and notify the accuser of the reasons for not filing a case. If the accuser is not satisfied, he may apply for reconsideration.

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.

"In criminal cases, the Notice of Case Filing refers to the notice issued by the case-handling unit to the victim and other entities when it believes that the case is suspected of a criminal offense, indicating that the case-handling unit has formally filed the case for investigation and the criminal proceedings have begun. ”

Case filing is a legal term, which refers to a kind of litigation activity in which 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 reporting, accusation, reporting, voluntary surrender, and private prosecutor's prosecution in accordance with their respective jurisdictions.

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Questions. Death by negligence.

The sentence for negligent death is as follows. The law stipulates that a person who causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the circumstances are more minor, the sentence shall be fixed-term imprisonment of not more than three years.

The precondition for the crime of manslaughter to be established is that there must be an actual consequence that caused the death of another person. This crime is a consequential offense, and the intent of the act does not affect the negligence of the consequence.

The so-called case filing refers to litigation activities in which public case organs, people's procuratorates, and people's courts review materials on reports, reports, accusations, or criminal suspects' voluntary surrender, discover the facts of the crime or criminal suspects, and decide whether to lower the case and transfer it for investigation or trial. There is a clear difference between the filing of a private prosecution case and the filing of a public prosecution case. The former is linked to the trial, while the latter is linked to the investigation.

Hello Filing a case means that the public security, judicial organs and other administrative law enforcement agencies will decide to investigate or try the case as a case after reviewing the materials such as reporting, accusation, reporting, voluntary surrender and prosecution by the private prosecutor 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 blindly.

Basis for dismantling the law in the corporation: Article 175 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" Where, after accepting the case, the public security organ finds that there are criminal facts that need to be pursued for criminal responsibility, and that it is within its own jurisdiction, it shall file the case with the approval of the responsible person of the public security organ at or above the county level; 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 is not 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.

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 legal term, which refers to a kind of litigation activity in which the public security, judicial organs and other administrative law enforcement organs decide to investigate or try a criminal case when they believe that there are criminal facts and need to be investigated for criminal responsibility after reviewing materials such as reporting, accusation, reporting, voluntary surrender and private prosecutor's prosecution in accordance with their respective jurisdictions.

Legal basisCriminal 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

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