The crime of embezzlement should not be filed by the public security organ. The crime of embezzlement is a private prosecution criminal case that is handled only upon complaint and should be filed by the people's court. The people's court shall file a case when it considers that there are facts of the crime that need to be investigated for criminal responsibility after reviewing the report materials of the crime of embezzlement.
Legal basis
Article 112 of the Criminal Procedure Law of the People's Republic of China, the People's Court, the People's Procuratorate or the public security organ shall, according to the scope of jurisdiction, promptly examine the materials of reports, charges, reports and voluntary surrender, and shall file a case when they believe that there are facts of a crime that warrant investigation of criminal responsibility; When it is believed that there are no criminal facts, or the criminal facts are obviously minor, and it is unnecessary to investigate criminal responsibility, it shall not file a case, and shall notify the complainant of the reasons for not filing a case. If the complainant is not satisfied, he may apply for reconsideration.
