The public security organ shall immediately accept the citizen's transfer, report, accusation and delivery to the criminal suspect, ask about the situation and make a record. After it is correct, it shall be signed or sealed by the reporter, the reported person and the reporter. When necessary, the public security organ may put it on record. When accepting a case, the public security organ shall make a criminal case acceptance registration form as the original material for the public security organ to accept a criminal case, and keep it properly and file it for future reference. The staff of the public security organ who accepts the complaint or report shall explain the legal responsibility of false accusation and frame-up to the informant. After a criminal case is put on file, it may not be withdrawn except in special circumstances stipulated by law. After a civil case is put on file, it can be withdrawn before the judgment is issued.
The special circumstances of withdrawing a criminal case mainly include the following:
The first is to find that the suspect has made mistakes after filing a case, or to confirm that the suspect has not committed a crime;
Second, the criminal suspect died after filing the case;
The third is that the circumstances are obviously minor and the harm is not great, and it is not considered a crime;
Fourth, the crime has passed the prosecution period;
The fifth is to obtain Amnesty from punishment;
The sixth type is private prosecution cases such as bigamy, in which the victim does not prosecute or withdraws the prosecution.
The third situation is rare in practice. Criminal crimes also have a time limit for prosecution, and they will not be investigated after the time limit. "Prosecution period" means that the statutory maximum penalty is less than five years, and five years have passed. The maximum legal penalty is more than 5 years 10 years, 10 years later. If the statutory maximum penalty is 10 years or more, 15 years have passed. If the maximum legal punishment is life imprisonment or death penalty, after 20 years.
After a civil case is put on file, the plaintiff has the right to apply for withdrawal before the judgment is issued, and the court will allow it except for special circumstances such as national interests or social public interests.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 109 of the Criminal Procedure Law of People's Republic of China (PRC)
When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 112
The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.