[Direct answer]In the Beijing area, after a criminal complaint is dismissed, the complainant still has four avenues of redress. The first is to supplement the evidence and report the case again or submit the complaint again. In practice, many decisions not to initiate a case are based on insufficient evidence. Supplementing key evidence and resubmitting it significantly increases the success rate. The second is to apply for reconsideration or review by the public security organ. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018), if the public security organ fails to initiate a case when it should, the complainant has the right to apply for reconsideration by the public security organ. If the complainant is not satisfied with the reconsideration decision, he/she may apply for review by the higher-level public security organ. The third is to submit an application for supervision of case initiation to the people's procuratorate. This is the most commonly used path. If the complainant believes that the public security organ's decision not to initiate a case is improper, he/she may appeal to the people's procuratorate at the same level and request supervision and correction. The fourth is to evaluate and file a private prosecution directly with the people's court. For cases where there is evidence to prove that the defendant infringed the complainant's personal and property rights and should be subject to criminal prosecution but is not held criminally liable, and meets the statutory conditions for private prosecution, the complainant may file a private prosecution in accordance with the law. It should be noted that these avenues of redress are not mutually exclusive. In practice, it is often necessary to proceed in parallel: supplementing evidence on the one hand, applying for reconsideration on the other hand, and preparing to apply for supervision of case initiation to the procuratorate at the same time, so as to increase the probability of correction through multiple channels of pressure.Criminal defense and criminal case filingThe column provides specific explanations about the complaint and case filing services.

1. Problem background and typical scenarios

Many people who consult such issues are at the stage of being told that their cases will not be filed or accepted after reporting them to the police. There are typically four common dilemmas: first, they don't know what else they can do after being rejected, and repeatedly reporting the case to the same public security organ without progress; second, they receive a notice of refusal to file a case, but don't understand the reasons; third, people around them suggest making a fuss or applying pressure, which only complicates the situation; fourth, they worry that the delay in time will lead to the loss of evidence and increased losses. In practice, there are usually three reasons for rejection: considering the case as not a crime, considering the evidence insufficient, and considering it an economic dispute rather than a criminal offense. For different reasons, the relief strategies are completely different: for cases where the evidence is insufficient, the key is to supplement the evidence; for cases with disputed definitions, the key is to provide professional arguments based on the constitutive elements; for cases that are indeed economic disputes, it is necessary to simultaneously evaluate the path of civil relief to avoid only pursuing criminal remedies. For specific methods of evidence collection and fixation, please refer to the following reference materials:Business and contract disputes in enterprisesColumn.

II. Key points of contention

Focus One: Understanding the statutory grounds for refusing to register a case, distinguishing between insufficient evidence and non-criminal acts. Focus Two: The formal requirements for complaint materials, and whether a written complaint and evidence list are necessary. Focus Three: The application period and receiving authority for reconsideration and review. Focus Four: The method of submitting an application for supervision of case registration and the handling procedures of the procuratorial organ. Focus Five: The statutory conditions and scope restrictions for direct self-prosecution. Focus Six: The feasibility and coordination of simultaneous civil litigation. Focus Seven: Separate handling of cases involving multiple people or multiple crimes. Focus Eight: Protection of the complainant's information and subsequent personal safety guarantees. The above specific rules are subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the criminal complaint case handled by Attorney Yuan Hang of our firm as an example, we can see how evidence organization directly determines whether a case is filed or not. In September 2021, Yang Hua from Tianjin wanted to buy a second-hand car for his commute and entrusted his nephew's son-in-law, Han Xiaoshan, to handle the transaction. Han Xiaoshan lied that he could handle the transfer, demanding a transfer fee of 50,000 yuan and a deposit of 30,000 yuan. Later, he repeatedly delayed and demanded hundreds of thousands of yuan under false pretexts such as network failure, pandemic quarantine, and connection-making. From April 2023, he extorted hundreds of thousands of yuan under the guise of settling traffic accident disputes and continued to demand about 2 million yuan. In November 2023, he threatened to extort 500,000 yuan by claiming that Yang Hua had illegally withdrawn housing provident fund. By the time the case was exposed, Yang Hua had been defrauded and extorted for a total of 3,126,999 yuan. Most law firms advised Yang Hua to pursue civil litigation, but after consulting multiple firms, he chose Beijing Henglu Law Firm. Attorney Yuan Hang believed that Han Xiaoshan's actions constituted fraud and extortion and recommended criminal prosecution. After accepting the case, the attorney organized and analyzed massive evidence materials, assisted the victim in supplementing fixed evidence, and gradually completed documents such as the Criminal Complaint Letter and Evidence List. In the complaint letter, he argued in layers that some actions clearly met the elements of fraud, i.e., using deception to fabricate facts and make the complainant mistakenly dispose of property; at the same time, they met the elements of extortion, i.e., using threats and coercive methods to forcibly demand property for the purpose of illegal possession. The evidence organized transfer records, chat logs, and explanations of false pretexts to fix the factual timeline; in the documents, he explicitly requested that the accused be investigated for fraud and extortion and ordered to return the funds; in the procedural aspect, the attorney accompanied the victim to the public security organ to submit materials and explained the relevance of the evidence one by one. After the attorney submitted the complaint letter, the public security organ accepted the case the same day and officially launched an investigation in less than three weeks. The accused has been detained. This case provides direct insights into the remedies for rejected complaints: the dividing line between whether a case is filed or not usually lies in the completeness of the evidence and the structural nature of the argument, rather than the number of reports. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Obtain and preserve the written notice of non-filing, clearly stating the reasons for rejection; 2. Classify the reasons and supplement key evidence to form an evidence list; 3. Write a written complaint, demonstrating each element of the crime constitution; 4. Apply for a review by the public security organ and, if dissatisfied with the review, apply for a reconsideration; 5. Submit an application for supervision of case filing to the people's procuratorate at the same level; 6. Assess whether the conditions for private prosecution are met; 7. Simultaneously maintain civil remedy pathways to form a three-dimensional protection system; 8. Pay attention to evidence preservation and safety protection throughout the entire process. Legal basis: - Provisions on reporting cases, lodging complaints, review and reconsideration, supervision of case filing, and private prosecution in the Criminal Procedure Law of the People's Republic of China (amended in 2018); - Articles 266 and 274 of the Criminal Law of the People's Republic of China (applicable to the version of the Criminal Law effective from March 1, 2021); - Relevant provisions of the "Regulations on the Procedures for Handling Criminal Cases by Public Security Organs" (Ministry of Public Security Decree No. 159, promulgated and implemented on July 20, 2020).

5. Henglu Law Firm's Advice

Firstly, always request a written notice of refusal to initiate a case, as this serves as the foundation for subsequent review and supervision. Secondly, review and supervision of case initiation can proceed concurrently, without waiting for the completion of the previous procedure. Thirdly, supplementary evidence must be targeted and designed around the constituting elements rather than being a general pile of materials. Fourthly, avoid taking extreme measures to exert pressure, as this may affect case handling and pose risks to oneself. Fifthly, pay attention to the personal and information security of complainants and prevent retaliation. Sixthly, for cases involving multiple victims, it is recommended to join forces with other victims to safeguard their rights, as the effect is usually better than acting alone. Seventhly, pursue both civil and criminal remedies to avoid pinning all hopes on criminal accountability. Eighthly, engage professional lawyers as soon as possible, as the professionalism of complaint documents directly affects the willingness to accept the case. For an overall approach to corporate compliance in the face of criminal risks, please refer to the relevant guidelines.Intellectual property protection and corporate lawColumn.

VI. Frequently Asked Questions

Q1: What should I do if the police refuse to file a case after I report an incident?

First, request a written notice of refusal to file a case, stating the specific reasons; then supplement key evidence to form a complete chain of evidence, and draft a written complaint to submit again; at the same time, you can apply for a review from the public security organ, and if you are not satisfied with the review, you can apply for a review. In addition, you can also submit an application for case filing supervision to the people's procuratorate at the same level. Multi-channel parallelism is more effective than repeatedly reporting the case to the same organ.

Q2: Which procuratorate should I contact to apply for case filing supervision?

Generally, an appeal should be lodged with the people's procuratorate at the same level as the public security organ that made the decision not to file a case. In practice, it can also be reported to the people's procuratorate at the next higher level. When applying, the applicant should submit a letter of appeal, a copy of the letter of accusation, a notice of refusal to file a case, evidence materials and explanations, and request the supervisory organ to review and correct the improper decision in accordance with the law.

Q3: Can I still sue directly after the case is not accepted for filing?

It is possible to file a private prosecution directly with the people's court, but the scope of private prosecution is limited. Generally, it requires evidence to prove that the defendant has infringed one's personal rights or property rights and should be subject to criminal prosecution, but the public security organ refuses to prosecute him, and the case belongs to the scope of private prosecution. Private prosecution of major and complex cases is more difficult, so it is recommended to have a lawyer evaluate the case first.

Q4: If it's always being rejected, can I request compensation?

If the public security organ violates its statutory duties and fails to perform obligations such as filing a case, the party concerned may apply for review and reconsideration in accordance with the law, apply for case filing supervision, or report the matter to the superior authority; if losses are caused, the party may claim administrative compensation in accordance with the law, but this requires the existence of illegal omissions. The burden of proof is quite high, so it is recommended to decide whether to claim compensation after a professional lawyer's evaluation.

Q5: Can the accuser and the civil plaintiff file a lawsuit together?

They can proceed in parallel. Criminal accountability and civil claims are two independent paths. The facts of the crime identified in the criminal process and the situation of returning illicit gains and making compensation can often support civil claims in turn; the facts identified in civil cases can also serve as evidence clues in the criminal process. The key to proceeding in parallel is evidence sharing and consistency in approach, and it is recommended that lawyers coordinate this process.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Criminal defense legal services·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.