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What's the use of police station filing

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What's the use of police station filing


        

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  • 2024-06-14 15:00:55

    What's the use of the police station filing a case? After the police station files the case, it should organize the police to investigate the case, collect criminal facts and evidence, and if necessary, take criminal coercive measures against the criminal suspect. According to the Provisions on the Procedure of Public Security Organs Dealing with Criminal Cases: Article 191, the public security organs shall investigate the criminal cases that have been filed in a timely manner, and comprehensively and objectively collect and obtain the evidence materials of the criminal suspects' guilt or innocence, minor crime or serious crime. Article 192 After investigation, the public security organ shall conduct a preliminary hearing of a case in which there is evidence to prove the facts of a crime, and examine and verify the authenticity, legality and probative power of the evidence materials collected and retrieved. Article 193 When investigating a crime, the public security organ shall take compulsory measures and investigative measures in strict accordance with the conditions and procedures prescribed by law. It is strictly prohibited to take compulsory measures and investigative measures against a criminal suspect only on suspicion in the absence of evidence. Article 195 When investigating a crime, the public security organ shall keep secret if it involves state secrets, trade secrets or personal privacy. Article 274 If a criminal suspect who should be arrested is at large, he may, with the approval of the person in charge of the public security organ at or above the county level, issue a wanted order and take effective measures to pursue him for arrest and bring him to justice. In addition, the filing of a case must meet two conditions at the same time: First, the existence of criminal facts means that there is a criminal act objectively harmful to society. This is the primary condition for filing a case. There are criminal facts, including two aspects. 1. If a case is to be filed for investigation, it must be an act that constitutes a crime in accordance with the provisions of the Criminal Law. Filing a case should and can only be carried out for criminal acts. If it is not a criminal act, it cannot be filed. If there is no criminal fact, or according to Item 1 of Article 16 of the Criminal Procedure Law, there is an illegal act that endangers society, but the circumstances are obviously minor, the harm is not serious, and it is not considered a crime, the case should not be filed. Since the submission of the case is the beginning of the crime, the fact of the crime at this time only involves the discovery of criminal acts that endanger society and violate the criminal law. As for the whole process of the crime, the specific circumstances of the crime, the specific circumstances of the offender, etc., it is not necessary to fully explain when submitting. These problems should be solved through investigation or trial activities after the case is submitted. 2. There must be some factual materials to prove that the crime has actually occurred. Including criminal acts that have been committed, are being committed and are preparing to commit crimes. 2、 The need to investigate criminal responsibility refers to investigating the criminal responsibility of the perpetrators according to law. Only the criminal facts that the offender needs to be investigated for criminal responsibility are necessary, and should be raised when there are criminal facts, and the offender should be required to bear criminal responsibility according to law. According to Article 16 of the Criminal Procedure Law, although a crime has occurred, the limitation period for prosecution has expired; Exempted from punishment by a special amnesty order; A crime that is dealt with only after being told in accordance with the Criminal Law has not been told or has been withdrawn; The criminal suspect is dead; If other laws provide for exemption from criminal responsibility, no criminal responsibility shall be investigated.

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