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Will the alarm record be eliminated without filing

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Will the alarm record be eliminated without filing


        

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Favorable reply
  • 2024-06-15 23:00:59

    The alarm record without filing will not be eliminated, but will be saved.
    Article 110 of the Criminal Procedure Law stipulates that:

    The people's court, the people's procuratorate or the public security organ shall promptly examine the materials of reports, charges, reports and voluntary surrender within the scope of jurisdiction, and shall file a case when they believe that there are facts of a crime that need to be investigated for 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.

    Legal basis

    Article 110 of the Criminal Procedure Law of the People's Republic of China, when any unit or individual finds that there are criminal facts or criminal suspects, it has the right and obligation to report or report to the public security organ, the people's procuratorate or the people's court.
    The victim shall have the right to report or make a complaint to a public security organ, a people's procuratorate or a people's court about the facts of a crime or a criminal suspect that has infringed upon his or her personal or property rights.
    The public security organ, the People's Procuratorate or the People's Court shall accept all reports, charges and reports. If the case is not under its jurisdiction, it shall be transferred to the competent authority for handling and the reporter, complainant and informant shall be notified; If it is not under its jurisdiction and emergency measures must be taken, it shall first take emergency measures and then transfer them to the competent authority.
    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.

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