I. Acceptance of filing materials
Acceptance of filing materials refers to the activities of public security organs, people's procuratorates or people's courts to receive and shelter persons or materials who report, accuse, report and surrender. ?
According to Article 84 of the Criminal Procedure Law, the public security organ, the people's procuratorate or the people's court shall accept the materials of reporting, accusing, reporting and surrendering, regardless of whether they are cases under their jurisdiction. Then transfer it to the competent authority for handling in accordance with the provisions of jurisdiction. Those who report, accuse, report and surrender orally shall be seriously inquired and interrogated, and the contents shall be recorded in the record. If there are any opinions, they should be allowed to correct them. After verification, it shall be allowed to sign or seal the record. ?
The staff who accept complaints and reports shall explain the legal responsibility of false accusation and frame-up to the complainants and informants, and ask them to be realistic, loyal to the facts and loyal to the law. However, false accusation is different from false accusation. Because false accusation and frame-up is the behavior that the actor deliberately fabricates facts and evidence and accuses others of committing crimes out of nothing; Misrecognition is that the confession of the actor is different from the facts because of cognitive errors. They are completely different in nature. The former is intentional and should be investigated for legal responsibility according to law. The latter should explain the situation to him and let him learn a lesson, rather than pursue legal responsibility.
The public security organ shall protect informants, complainants, informants and their close relatives from retaliation and ensure their safety. Informants, accusers and informers who are unwilling to disclose their names and report, accuse or report their acts shall keep them confidential in criminal proceedings.
However, in the trial stage, it is not restricted by this provision. Article 47 of the Criminal Procedure Law stipulates that a witness shall testify in court. Otherwise, the materials for reporting, accusing and reporting cannot be used as the basis for finalizing the case. Therefore, in this case, you should explain the reasons to them, ask them to testify in court or agree to disclose their names and the contents of the report, complaint and report. ?
In judicial practice, anonymous reporting should be analyzed in detail: on the one hand, because everyone is reported anonymously for fear of retaliation, its content is likely to be true and has evidential significance; On the other hand, it may be for the purpose of false accusation, or to divert the attention of judicial personnel and make false materials to report anonymously. Therefore, the materials reported anonymously can only be used as clues to the source of filing materials before verification, but not as the basis for filing a case. ?
Second, the filing materials review
The review of filing materials refers to the activities of public security organs, people's procuratorates or people's courts to check and investigate the accepted materials. Its task is to correctly determine whether there are criminal facts and whether the perpetrator should be investigated for criminal responsibility, so as to lay the foundation for making a correct decision on whether to file a case.
In order to do a good job in reviewing the filing materials, the following steps and methods are generally adopted:
(1) Review of facts. To examine the facts, we must first examine whether there is an incident, and then examine whether the incident that has occurred belongs to a criminal case. If it is a criminal case, it is also necessary to examine whether the perpetrator needs to be investigated for criminal responsibility. ?
(2) Review of evidence or evidence clues. The usual practice is: ask or interrogate informants, accusers, informants or surrenders; Consult the relevant units or organizations for evidence materials related to criminal facts and criminal suspects; When necessary, entrust relevant units or organizations to investigate certain issues on their behalf; In case of emergency, special investigation measures can be taken for special cases; The people's court shall carefully examine cases of private prosecution. If the evidence is insufficient, the private prosecutor shall be informed to provide supplementary evidence, and the court will generally stop the investigation before filing the case.
The purpose of investigation at the stage of filing a case is to know the facts related to the crime, which should be limited to finding out whether there are criminal facts and whether criminal responsibility should be investigated, and the scope can be expanded.
Third, the handling of filing materials
The public security and judicial organs shall, after reviewing the filing materials and making necessary investigations, deal with them according to different situations:
For cases that need to be filed, the undertaker shall fill in the filing report form, which includes: reporting unit, case type, number, filing time and place, casualties and property damage, case summary, undertaker's name, filling time, etc. Then make a request for filing a case, and make a decision to file a case after the approval of the person in charge of this organ and this department. Finally, the person in charge of examination and approval shall sign or seal it. Cases directly accepted by the people's procuratorate shall be reported to the people's procuratorate at the next higher level for the record. If the people's procuratorate at a higher level thinks that the case should not be filed, it shall notify the people's procuratorate at a lower level in writing to cancel the case.
If a case of private prosecution accepted by the people's court is found to meet the conditions for filing after examination, it shall be filed within 15 days from the second day after receiving the private prosecution or oral notice, and the private prosecutor shall be notified in writing. ?
(two) decided not to file a case and go through the corresponding legal procedures.
For those who decide not to file a case, the staff will make a notice of not filing a case. After the relevant person in charge agrees, he will inform the complainant of the reasons for not filing the case and inform the complainant that if he refuses to accept it, he can apply for reconsideration. The competent authority shall seriously reconsider and notify the unit or individual that reported, accused or reported the reconsideration result. ?
If a case of private prosecution does not meet the conditions for filing, it shall make a decision not to file the case within 15 days, notify the private prosecutor in writing and explain the reasons for not filing the case. For those who do not have the conditions for filing a case, but need to be punished by other departments, the report, complaint or report materials shall be transferred to the competent department for handling, and the complainant shall be informed.