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The reasons why the police do not file a case are as follows: Under normal circumstances, the report of a missing person is limited to 24 hours, but if there is evidence that the other party's personal safety may be in danger, or that the other party may be violated. Then you can report the case to the public security organ at any time, and this is not limited by time.
However, the police did not open a case, indicating that the time limit had not yet expired and there was no evidence to prove that the missing person could be threatened with his life. Where persons reporting the case are dissatisfied with the public security organ's decision not to file a case, they are to submit an application for reconsideration within 7 days of receiving the notice of not filing the case. The reasons for filing the case should be stated in the application.
The public security organs should make a decision within 7 days of receiving the application for reconsideration and notify the accuser in writing.
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An adult can report to the police 24 hours after he or she goes missing, but the case will not be filed within 24 hours.
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It is 48 hours after the disappearance of an adult before a case can be opened.
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An adult can only file a case after 24 hours of disappearance, and if you have a short period of time, you will not file a case.
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Why don't you ignore me? It should be a Singles' Day training with an alarm, and you know what's going on?
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To file a case of disappearance, it is necessary to meet the selection characteristics and conditions for filing a case of disappearance. Public security organs must have six distinctive features in filing a case of disappearance:
1. There are obvious traces of infringement at the scene of disappearance;
2. The person and the motor vehicle are missing at the same time or a large amount of property is missing;
3. There are witnesses who prove that the missing person has been violated; 4. The missing person had major conflicts or disputes with others before his or her disappearance;
5. Missing under the age of 14 for more than 48 hours;
6. The reason for the disappearance is unclear and they have not returned for more than 3 months.
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To file a case of disappearance, it is necessary to meet the selection characteristics and conditions for filing a case of disappearance. Public security organs must have six distinctive characteristics in filing a case of disappearance: 1. There are obvious traces of infringement at the scene of the disappearance; 2. The person and the motor vehicle are missing at the same time or a large amount of property is missing; 3. There are witnesses who prove that the missing person has been violated; 4. The missing person had major conflicts or disputes with others before his or her disappearance; 5. Missing under the age of 14 for more than 48 hours; 6. The reason for the disappearance is unclear and they have not returned for more than 3 months.
Legal basis: Article 40 of the Civil Code: Where a natural person's whereabouts have been unknown for two years, the interested party may apply to the people's court for a declaration that the natural person is missing.
Article 176 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" stipulates that in cases where there is an accuser, and it is decided not to file the case, the public security organ shall draft a "Notice of Not Filing the Case" and serve it on the accuser within 7 days. Where the accuser is not satisfied with the decision not to file a case, they may apply for reconsideration to the public security organ that made the original decision within 7 days of receiving the "Notice of Not Filing a Case".
The public security organ that made the original decision shall make a decision within 10 days of receiving the application for reconsideration, and notify the accuser in writing.
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1. General circumstances: If an adult has been missing for more than 24 hours, the immediate family members of the missing person may report the case to the local police station with their identity documents and the relationship documents of the missing person, and provide relevant information.
2. The following circumstances may be reported to the public security organs at any time:
There is evidence showing that the other party may be in danger of personal safety, or that the other party may be harmed, and may report the case to the public security organs at any time;
If the missing person is a mentally ill person or mentally disabled person with no or limited capacity for civil conduct, he or she may report the case to the public security organ at any time;
In the event of an accident resulting in the disappearance of a person, the party involved in the accident shall report the case to the public security organ at any time and at any time.
Legal basis: Article 2 of the "Provisions on Public Security Organs' Work on Searching for Information on Persons Suspected of Being Violated or Missing" "Persons suspected of being violated or missing" as used in these Provisions refers to persons who may have been harmed by criminal conduct and whose whereabouts are unknown in any of the following circumstances:
1) There are obvious signs of infringement at the scene of the disappearance;
2) There are witnesses showing that the missing person has been violated;
3) Persons are missing together with a motor vehicle or missing with a large amount of property;
4) Minors under the age of 14 have been missing for more than 48 hours;
5) The missing person had major conflicts or disputes with others before his disappearance;
6) The cause of the disappearance is unclear and the period of disappearance exceeds 3 months;
7) Other suspected violations.
The Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice, "Opinions on Punishing the Crime of Abduction and Trafficking in Women and Children in Accordance with Law".
Fa Fa 2010 No. 7.
Case Filing 8In any of the following circumstances, upon review, the public security organs shall immediately file a criminal case and promptly carry out investigations:
1) Receiving reports, accusations, or reports of abduction or trafficking of women or children;
2) Receiving a report of a missing child or a missing woman between the ages of 14 and 18;
3) Receiving a report that a woman who has reached the age of 18 is missing or might be trafficked;
4) It is discovered that a vagrant or begging child may have been abducted or trafficked;
5) Where it is discovered that there has been conduct of buying trafficked women or children, and criminal responsibility shall be pursued in accordance with law;
6) Other circumstances that indicate that there might be circumstances in which the crime of abducting or trafficking in women or children occurred.
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According to the laws of our country: In any of the following circumstances, the public security organs will immediately file a criminal case and investigate: 1
receiving reports, accusations, or reports of trafficking in women or children; 2.Receiving a report of a missing child or a missing woman between the ages of 14 and 18; 3.Receiving a report that a woman who has reached the age of 18 is missing and might be trafficked; 4.
It is found that a child who is vagrant or begging may be abducted or trafficked; 5.Where it is discovered that there has been conduct in the purchase of trafficked women or children, criminal responsibility shall be pursued in accordance with law; 6.Other circumstances that indicate that there might be circumstances in which the crime of abducting or trafficking in women or children occurred.
If an adult goes missing, the rest can report it immediately. Therefore, even if you have been missing for a few hours, you can report it at any time. In other cases, the case can be reported after 48 hours, and the case will be filed.
Opinions on Lawfully Punishing the Crime of Abduction and Trafficking of Women and Children": In any of the following circumstances, where upon review, the provisions on jurisdiction are met, the public security organs shall immediately file a criminal case and promptly carry out investigation work: (1) receiving a report, accusation, or report of the abduction and trafficking of women or children; 2) Receiving a report of a missing child or a missing woman between the ages of 14 and 18; 3) Receiving a report that a woman who has reached the age of 18 is missing or might be trafficked; 4) It is discovered that a vagrant or begging child may have been abducted or trafficked; 5) Where it is discovered that there has been conduct of buying trafficked women or children, and criminal responsibility shall be pursued in accordance with law; 6) Other circumstances that indicate that there might be circumstances in which the crime of abducting or trafficking in women or children occurred.
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If you are missing, you can report to the police and file a case within 24 hours. The required procedures are as follows:
1. Basic information of the missing person;
2. Gender, occupation, height, physical appearance;
3. Time of disappearance;
4. The color of clothes, style, color of pants, and the style and model of shoes when running away;
5. Register the missing person's data and information into the police comprehensive.
You need to prepare your ID card, the missing person's identity information, and your household registration booklet.
Extended information: According to Chinese law, if a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court for him to be a missing person. The following three conditions must be met for a declaration of disappearance:
1) Subject conditions: The interested party must apply to the people's court. Interested persons include spouses, parents, adult children, grandparents, siblings, and citizens and legal persons who have civil rights and obligations with the person declared missing.
b) Subject matter conditions:
1. There is a fact that the whereabouts are unknown. In the event of floods, **, wars, etc. If you know that someone is in a certain place, even if you haven't returned for a long time, you can't consider it missing.
2. The whereabouts must be unknown for two years. Where their whereabouts are unknown during the war, the time of their whereabouts is unknown is counted from the date of the end of the war.
3) Formal conditions. Applications must be in writing and cannot be made orally. The people's court must declare the person missing in accordance with legal procedures, and no unit or individual has this right.
If you are missing, you can call the police at any time, and the case will be filed in 48 hours, and the materials are generally as long as the family proves it.
According to Chinese law, if a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court for him to be a missing person. The following three conditions must be met for a declaration of disappearance:
1) Subject conditions: The interested party must apply to the people's court. Interested persons include spouses, parents, adult children, grandparents, siblings, and citizens and legal persons who have civil rights and obligations with the person declared missing.
2) Subject Matter Conditions: 1There is a fact that his whereabouts are unknown. In the event of floods, **, wars, etc. If you know that someone is in a certain place, even if you haven't returned for a long time, you can't consider it missing.
2.Two years must have been missing for at least two years. Where their whereabouts are unknown during the war, the time of their whereabouts is unknown is counted from the date of the end of the war.
3) Formal conditions. Applications must be in writing and cannot be made orally. The people's court must declare the person missing in accordance with legal procedures, and no unit or individual has this right.
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