1. Case filing provisions of the Criminal Procedure Law:

1. When the public security organs or people's procuratorates discover criminal facts or criminal suspects, they shall file a case for investigation according to their jurisdiction.

2. Any unit or individual who discovers criminal facts or criminal suspects has the right and obligation to report the case or report to the public security organ, the People's Procuratorate or the People's Court.

3. Reports, accusations and reports can be made in writing or orally. Staff members who accept oral reports, accusations, and whistle-blowing reports shall write down transcripts, which shall be signed or sealed by the reporter, accuser, or whistle-blower after they are read out correctly.

4. People’s courts, people’s procuratorates or public security organs shall promptly review materials regarding reports, accusations, reports and surrenders in accordance with their jurisdiction. If they believe that there are criminal facts that require criminal liability, they shall file a case. ; When it is believed that there are no criminal facts, or the criminal facts are obviously minor and there is no need to pursue criminal liability, the case will not be filed and the accuser will be notified of the reasons for not filing the case. If the accuser is dissatisfied, he may apply for reconsideration.

2. The filing of a case requires the signature of the person reporting the case. The specific contents are as follows:

1. Staff members who accept oral reports, accusations, and reports shall write down transcripts. After they are read out correctly, they shall be signed or stamped by the reporter, accuser, or whistleblower;

2. If the reporter makes a false accusation, he shall bear due legal responsibility.

3. The process of filing a case at the police station is as follows:

1. When people encounter illegal violations or discover clues about crimes, they should report the case to the public security organs in a timely manner;

2. For people who come to report a crime, under normal circumstances, the police will ask them to write report materials and make inquiry records. The police station comrades will register the case and accept evidence materials;

3. After determining that a crime has been committed, When the facts are found, the case filing and investigation process will be entered;

4. If it is determined that there are no criminal facts or the circumstances are minor and cannot be treated as a crime, it will be decided not to file the case.

4. The standards for filing a case at the police station are as follows:

1. There are criminal facts. That is, in cases that have been accepted, the criminal suspect's behavior has violated the law and constituted a crime. The facts of the crime have objectively existed, and the non-subjective conjecture has evidence and is not groundless;

2. Criminal responsibility needs to be pursued. The criminal suspect's criminal behavior requires criminal punishment in accordance with the law. If his behavior only constitutes a crime and he should not be held criminally responsible according to law, the case should not be filed;

3. It falls under the jurisdiction of this region. Public security organs can only have jurisdiction over cases that fall within the jurisdiction of their respective regions as stipulated by law.

To sum up, filing a case requires the signature of the person reporting the case. Staff members who have received oral reports, accusations, or reports with specific content shall write a transcript, and after it is read out correctly, it shall be signed or stamped by the reporter, accuser, or whistleblower; if the reporter makes a false accusation, he shall be held responsible. Legal liability. The process of filing a case at the police station is that when people encounter illegal infringement or discover clues about a crime, they should promptly report the case to the public security organ; for people who come to report a crime, under normal circumstances, the police will ask them to write report materials and make records of inquiries, and comrades from the police station will Register a case report and accept evidence and materials; when it is determined that there are criminal facts, the case will be entered into the investigation process; if it is determined that there are no criminal facts or the circumstances are minor and should not be treated as a crime, it will be decided not to file the case.

Legal Basis

"Criminal Procedure Law of the People's Republic of China"

Article 112 People's Court, People's Procuratorate or Public Security Bureau Reports, accusations, reports and surrender materials shall be reviewed quickly in accordance with the jurisdiction. If it is believed that there are criminal facts that require criminal liability, the case shall be filed; if there are no criminal facts, or the criminal facts are obviously minor, there is no need to pursue criminal liability. , the case will not be filed and the accuser will be notified of the reasons for not filing the case. If the accuser is dissatisfied, he may apply for reconsideration.

Article 113: If the People’s Procuratorate believes that the public security organs have not opened a case for investigation in a case that should be opened for investigation, or the victim believes that the public security organs have not opened a case for investigation in a case that should be opened for investigation, the People’s Procuratorate shall report the case to the People’s Procuratorate. If the case is filed, the People's Procuratorate should require the public security organ to explain the reasons for not filing the case. If the People's Procuratorate believes that the public security organ's reasons for not filing a case are untenable, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notification.

Article 114: For private prosecution cases, the victim has the right to directly file a lawsuit with the People's Court. If the victim dies or becomes incapacitated, the victim's legal representative and close relatives have the right to file a lawsuit in the People's Court. The People's Court shall accept the case in accordance with the law.

Article 115: Public security organs shall conduct investigations into criminal cases that have been filed, and collect and obtain evidence and materials proving that the criminal suspect is guilty or innocent, and that the crime is minor or serious. Current offenders or major suspects may be detained in advance in accordance with the law, and criminal suspects who meet the arrest conditions shall be arrested in accordance with the law.