What does it mean to file a criminal case, what does it mean to file a criminal 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.

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.

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.

Legal Analysis: The procedures for handling criminal cases include three processes: criminal investigation by the investigating organ (public security organ or procuratorate), review by the procuratorate for prosecution, and trial and judgment by the court. The meaning of the hollow source in the investigation of criminal cases means that the case is still in the process of criminal investigation, the case is in the stage of investigation and evidence collection by the investigating authorities on the facts of the crime, and whether the criminal suspect has constituted a crime and what crime he may constitute in a fighting state must be judged according to the results of the investigation.

Legal basis

Criminal Procedure Law of the People's Republic of China》 Article 89: Where the people's procuratorate finds that the public security organs have not filed and investigated a case that should have been filed and investigated, or where 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 that the public security organ 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.

The filing of a criminal case is a kind of litigation activity. Specifically, it refers to a kind of litigation activity in which the public security and judicial 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.

The difference between filing a criminal case and not filing a criminal case:

1. Criminal case filing:

1) It means that the criminal justice process has been entered, and the public security organs have begun to investigate the case, and the criminal suspect may eventually be investigated for criminal responsibility;

2) According to the provisions of the Criminal Law, when a crime has occurred and it is necessary to pursue the criminal responsibility of the perpetrator in accordance with the law, it is necessary and should file a case;

3) However, filing a case does not mean that the procuratorate will approve the arrest and will be sentenced by the Chunduan court, depending on the evidence and the degree of harm of the crime.

2. No criminal case is filed:

1) It means that a certain act does not meet the standard for filing a case for prosecution, and if it is an illegal act, then the source hail can be dealt with in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China";

2) In accordance with the provisions of the Criminal Procedure Law, if the victim believes that the public security organs should file and investigate a case but does not file and investigate, he may submit a case filing supervision to the people's procuratorate.

Legal basisArticle 111 of the Criminal Procedure Law of the People's Republic of China.

Where the people's procuratorate finds that the public security organs did not file and investigate a case that should be filed and investigated, or where the victim believes that the public security organs did not file and investigate a case that should be filed and investigated, and submits it to the people's procuratorate, the people's procuratorate shall request that the public security organ 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.

"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.