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What are the criteria for filing criminal cases under the jurisdiction of public security organs

Updated on: January 3, 2020 15:25:00
Lawyer's voice content:

About Public Security Organs have jurisdiction over Of Filing of criminal cases Standards, different cases Filing a case The standards are different. Specific charge In general criminal law criminal procedure law And the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security statute The provisions of the notification of the jurisdiction scope of the case shall refer to the specific filing standards of each criminal case in more detail, including the criminal circumstances, the amount of crime, the degree of crime, etc.

Legal basis: Provisions on the Procedure of Public Security Organs in Handling Criminal Cases

Article 15

Criminal cases shall be under the jurisdiction of the public security organ in the place where the crime was committed. If it is more appropriate to be under the jurisdiction of the public security organ of the place where the criminal suspect resides, it may be under the jurisdiction of the public security organ of the place where the criminal suspect resides.
The place of crime includes the place where the criminal act takes place and the place where the criminal result takes place. The place where the criminal act occurs, including the place where the criminal act is committed and the places related to the criminal act, such as the place of preparation, the place of beginning, the place of passage and the place of ending; Where a criminal act is continuous, continuous or continuous, the place where the criminal act is continuous, continuous or continuous shall be the place where the criminal act occurs. The place where the criminal result occurs includes the place where the criminal object is infringed, the place where the criminal proceeds are actually obtained, the place where they are hidden, the place where they are transferred, the place where they are used and the place where they are sold.
The place of residence includes the place of residence and the place of habitual residence. Regular residence refers to the place where a citizen left his/her domicile for the last consecutive year or more.
Where laws, judicial interpretations or other normative documents make special provisions on the jurisdiction of relevant criminal cases, such provisions shall prevail.


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    According to the People's Republic of China civil procedure law 》Article 226 If a people's court that applies to a higher court for execution fails to execute within six months from the date of receiving the application for execution, the person who applies for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the original people's court to execute within a certain period of time, or may decide to have it executed or order other people's courts to execute.

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    An enterprise can only open one basic deposit account, and must have an account opening license issued by the local branch of the People's Bank of China when opening an account.

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Ask questions now
  • What is the jurisdiction of the public security organ

    Hello, the answer to your question about the jurisdiction of your public security organ is as follows. The public security organ has jurisdiction over criminal cases. According to the provisions of the Criminal Procedure Law, except for bribery crimes, crimes committed by State functionaries, and illegal detention committed by State functionaries by taking advantage of their functions and powers;
    Crimes that violate citizens' personal rights and democratic rights, such as violent evidence collection, retaliation and frame up, illegal searches, crimes that supervisors beat, corporal punishment and maltreatment of the supervised, and crimes that soldiers violate their duties;
    Other major criminal cases committed by State functionaries who have been approved by people's procuratorates at or above the provincial level by taking advantage of their functions and powers, as well as other criminal cases other than private prosecution cases, shall be under the jurisdiction of public security organs.

  • What is the jurisdiction of the public security organ

    Hello, my answer to your question is that public security organs have jurisdiction over criminal cases. According to the provisions of the Criminal Procedure Law, except for bribery crimes, crimes committed by State functionaries, and illegal detention committed by State functionaries by taking advantage of their functions and powers;
    Crimes that violate citizens' personal rights and democratic rights, such as violent evidence collection, retaliation and frame up, illegal searches, crimes that supervisors beat, corporal punishment and maltreatment of the supervised, and crimes that soldiers violate their duties;
    Other major criminal cases committed by State functionaries who have been approved by people's procuratorates at or above the provincial level by taking advantage of their functions and powers, as well as other criminal cases other than private prosecution cases, shall be under the jurisdiction of public security organs.

  • How to Determine Level Jurisdiction and Regional Jurisdiction for Public Security Organs to File and Investigate Criminal Cases

    In the Provisions on the Procedure of Public Security Organs Handling Criminal Cases, the jurisdiction over criminal cases is clearly stipulated. Provisions on the Procedure of Public Security Organs Handling Criminal Cases: Article 15 Criminal cases shall be under the jurisdiction of the public security organ in the place where the crime was committed. If it is more appropriate to be under the jurisdiction of the public security organ of the place where the criminal suspect resides, it may be under the jurisdiction of the public security organ of the place where the criminal suspect resides. Article 16 Criminal cases over which several public security organs have jurisdiction shall be under the jurisdiction of the public security organ that initially accepted them. When necessary, it may be under the jurisdiction of the public security organ in the main place where the crime was committed. Article 17 For criminal cases with unclear jurisdiction, the relevant public security organs may determine jurisdiction through consultation. Criminal cases in which jurisdiction is disputed or in special circumstances may be designated for jurisdiction by the common public security organ at a higher level. Article 18 The public security organs at the county level shall be responsible for investigating criminal cases that have occurred within their jurisdiction; The public security organs at or above the prefecture (city) level shall be responsible for the investigation of major foreign-related crimes, major economic crimes, major group crimes and major criminal cases that are difficult to solve by the public security organs at lower levels. Article 19 The internal jurisdiction of public security organs over criminal cases shall be determined in accordance with the establishment of criminal investigation organs and their division of responsibilities. Article 20 Criminal cases occurred in the departments, factories, depots, hospitals, schools, stations, teams, work areas and other units of the railway, transportation and civil aviation systems; criminal cases occurred in the working areas of stations, ports, docks, airports, trains, ships and civil aviation aircraft; criminal cases occurred in railway construction sites; criminal cases occurred along the railway The criminal cases of theft or destruction of railway, water transport, communication, power lines and other important facilities on water transport routes, as well as the cases of internal staff performing tasks on railway and traffic lines, shall be under the jurisdiction of the railway, traffic and civil aviation public security organs in the place where the cases occurred. The public security organ of the forestry system shall be responsible for the investigation of criminal cases of illegal cutting, indiscriminate cutting of trees, endangering terrestrial wildlife and rare plants within its jurisdiction; The forestry public security organs in large forest areas are also responsible for the investigation of other criminal cases within their jurisdiction. If no special forestry public security organ has been established, it shall be under the jurisdiction of the local public security organ. Article 21 When a criminal case investigated by a public security organ involves a case under the jurisdiction of a People's Procuratorate, it shall transfer the criminal case under the jurisdiction of the People's Procuratorate to the People's Procuratorate. If the suspected main crime is under the jurisdiction of the public security organ, the public security organ shall take the lead in the investigation; If the suspected main crime falls under the jurisdiction of the People's Procuratorate, the public security organ shall cooperate. Article 22 The division of jurisdiction over criminal cases involving the public security organs and the armed forces is as follows:
    (1) Where a serviceman commits a crime in the locality, the local public security organ shall promptly transfer the case to the military security department for investigation.   
    (2) If local personnel commit crimes in military barracks, the military security department shall transfer them to the public security organ for investigation.   
    (3) If soldiers and local personnel commit crimes together in the military camp, the military security department shall organize the investigation mainly, with the cooperation of the public security organ; If a crime is committed jointly in the local area, the public security organ shall be the main organization for investigation, with the cooperation of the military security department.   
    (4) If an active serviceman commits a crime in the local area before enlistment and should be investigated for criminal responsibility according to law, the public security organ shall investigate the case with the cooperation of the military security department.   
    (5) If a serviceman, after being discharged from active service, finds that he committed a crime in a military camp during his service and should be investigated for criminal responsibility according to law, the military security department shall investigate the case, with the cooperation of the public security organ.   
    (6) If a serviceman commits a crime on his way out of the army after he has retired from active service, or a recruit who has been approved for enlistment but has not gone through the handover procedures with the army commits a crime, the public security organ shall investigate it.   
    (7) The cases of non infringement of military interests and the rights of servicemen that occur in the warehouses of militia weapons under the management of local people's armed forces departments, military barracks, barracks, warehouses, airports and docks handed over or leased or lent to local units by the military, as well as in the military dormitory areas where the military and local personnel live together, shall be investigated by the public security organs with the cooperation of the military security departments.   
    (8) The cases of companies, factories and mines, hotels, restaurants, cinemas, and enterprises jointly operated by the military and local governments that are registered with the administrative department for industry and commerce, and are operated and managed as enterprises shall be investigated by the public security organs with the cooperation of the military security departments. When dealing with criminal cases involving the public security organs and the armed forces, the public security organs and the relevant military security departments shall exchange information in a timely manner, strengthen cooperation and close cooperation; Disputed cases over jurisdiction shall be jointly studied and negotiated, and if necessary, they can be settled through coordination between the superior authorities of both parties. The term "servicemen" as mentioned in this Article refers to active servicemen, military staff and workers in the armed forces, as well as retired and retired personnel managed by the armed forces. Article 23 The division of jurisdiction over criminal cases involving the public security organs and the armed police forces shall be handled in accordance with the principle of the division of jurisdiction over criminal cases involving the public security organs and the armed police forces. The criminal cases of the public security frontier defense, fire control and security departments listed in the order of the armed police forces, as well as the personnel of the armed police gold, traffic, water and electricity, and forest forces, shall be under the jurisdiction of the public security organs.

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