According to the law, any unit or individual has the right and obligation to report to the public security organ, the people's procuratorate or the people's court when it discovers criminal facts or criminal suspects. Public security organs, people's procuratorates or people's courts shall accept reports, complaints or reports. If it is not under its jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified.
There are two main types of cases reported by informants to public security organs, one is administrative cases and the other is criminal cases. Both administrative cases and criminal cases have procedures for accepting cases, and the filing procedure is only for criminal cases, but there is no filing procedure for administrative cases. In principle, the time limit for accepting administrative cases shall not exceed 24 hours, and the time limit for accepting difficult and complicated cases shall not exceed 3 days. In general criminal cases, the time limit for filing a case for review shall not exceed 3 days in principle; Suspected criminal clues need to be verified, and the time limit for filing a case for review shall not exceed 7 days; Major and complicated cases may be extended to 30 days with the approval of the person in charge of the public security organ at or above the county level.
Accusers and informants shall truthfully provide information, and those who fabricate facts and falsely accuse and frame others shall bear legal responsibility. The following materials shall be provided when reporting the case:
(1) identification documents. If an individual reports a crime, he/she shall provide valid identity documents such as ID card and passport and their copies; If the unit reports the case, it is required to provide the business license, organization code certificate and other unit information certification documents and copies, as well as the power of attorney of the legal representative of the unit; The client must be the person in charge of the company who knows the case or the direct party to the case.
(2) Reporting materials. It is necessary to state the basic situation of the case, including the time, place, process, consequences and the basic situation of the enterprises and personnel involved. The report materials must also have the seal of the unit and the signature of the informant.
Reports, complaints and reports can be made in written or oral form, and the staff who accept oral reports, complaints and reports shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being correctly read out. Therefore, oral and written reports, complaints and reports have the same legal effect, and should be accepted by judicial organs, so that citizens can exercise their rights to report, accuse and report, but the specific circumstances of criminal facts should be recorded as detailed as possible.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 108
Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.
Article 109
Reports, complaints and reports can be made in writing or orally. The staff who accept the oral report, complaint or report shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being correctly read out.
The staff who accept the complaint and report shall explain the legal responsibility of false accusation and frame-up to the complainant and informant. However, as long as it is not fabricating facts and evidence, even if the facts of the accusation and report are different, or even false accusation, it should be strictly distinguished from false accusation.
Public security organs, people's procuratorates or people's courts shall ensure the safety of informants, complainants, informants and their close relatives. Informants, complainants and informants who are unwilling to disclose their names and report, accuse and report their acts shall keep them confidential.