[Direct answer]In the Beijing area, after receiving a complaint, the public security organ shall file a case if it believes that there are criminal facts that require criminal responsibility to be investigated; if it believes that there are no criminal facts or the facts are obviously minor and do not require investigation, it shall not file a case and notify the complainant. If the complainant disagrees with the decision not to file a case, he/she may first apply for a review to the original public security organ, and if he/she disagrees with the review, he/she may apply for a review to the higher-level public security organ; if the complainant believes that the public security organ should file a case for investigation but does not do so, he/she may apply to the people's procuratorate for case filing supervision. The procuratorate shall require the public security organ to explain the reasons for not filing a case, and if the reasons are unfounded, the procuratorate shall notify the public security organ to file a case. It is recommended to submit written materials and a list of evidence when filing a complaint, and to request the issuance of a notice of non-filing a case. For details, please refer to the relevant provisions.Criminal defense and legal services for criminal case filing.

I. Problem Background and Typical Scenarios

After the victim or their family members report the case, they are often told that it will not be accepted, which is a common dilemma in the filing stage of criminal litigation. Typical scenarios include: injuries caused by civil disputes, which the police consider as public security cases or cases with insignificant circumstances and therefore refuse to file criminal cases; contract fraud and civil disputes with blurred boundaries, where the police use economic disputes as an excuse to shirk responsibility; property losses reported but rejected verbally due to jurisdiction or insufficient evidence; and victims repeatedly petitioning but still failing to obtain a written decision not to file a case. Many complainants are unaware of the three legal remedies of reconsideration, review, and supervision of case filing, thereby missing the opportunity for relief.

II. Key points of contention

  • The boundary between guilt and innocence: The distinction between public security violations and criminal offenses, and between civil disputes and criminal offenses directly determines whether a case can be filed. The adequacy of evidence and the judgment of its nature are the core of the dispute.
  • Jurisdiction and material review: Whether the case falls under the jurisdiction of the public security organ, and whether the materials submitted by the complainant can initially prove the facts of the crime, affect whether the case will be accepted. Jurisdictional objections and the need to supplement materials are often used as reasons for not accepting the case.
  • The connection between relief procedures: The application order and evidentiary requirements of review, re-examination, and supervision by the procuratorate are different. Choosing the wrong path may delay the relief process.

III. Professional analysis by Henglue Law Firm

In handling criminal cases, Henglue Lawyers once handled the incidental civil litigation of a major case of infringement of the right to life. After the victim's family entrusted a lawyer to intervene after their loved one was killed in a car accident, the lawyer comprehensively reviewed the case file and argued the defendant's subjective intent and the nature of the crime one by one, advocating that it be identified as intentional homicide and punished severely. In the end, the court adopted the lawyer's opinion and handed down a severe judgment. This case shows that the value of professional criminal lawyers' involvement lies in explaining the evidence and the nature of the crime in detail, which also applies to the prosecution process - if the prosecution materials can clearly demonstrate the facts of the crime, the causality and the jurisdictional basis, the success rate of case filing will be significantly improved.

For cases where the prosecution should be initiated but is not, Henglue Lawyers can assist the complainant in organizing a list of evidence, writing legal opinions, and filing an application for supervision of case initiation with the procuratorate in accordance with the procedures; for cases involving personal injury, we can also provide assistance in conjunction with other legal professionals.Legal services for personal injury and medical disputesEvaluate the civil compensation path and form a dual relief scheme of criminal and civil remedies.

IV. Practical suggestions and legal basis

At the legal basis level: Article 110 of the Criminal Procedure Law (amended in 2018) stipulates that any unit or individual who discovers a criminal fact has the right to report it to the public security organ, the procuratorate, or the court; Article 112 stipulates that the public security organ shall review the materials of the report or complaint according to its jurisdiction, and if it believes that there is a criminal fact and it is necessary to investigate the responsibility, it shall initiate a case; otherwise, it shall not initiate a case and notify the complainant. If the complainant disagrees, he/she may apply for a review; Articles 178 and 179 of the "Regulations on the Procedures for Handling Criminal Cases by Public Security Organs" (amended in 2020) specify the time limits and procedures for notifying the non-initiation of a case and for review and reconsideration. Practical suggestions: When reporting a case, bring your identity certificate, a written complaint, and copies of the original evidence; request a receipt and a notice of non-initiation of a case; pay attention to the time limits for review and reconsideration; if you believe that a case should be initiated but it is not, timely apply to the procuratorate for supervision, and if necessary, hire a lawyer to assist you.

5. Henglu Law Firm's Reminder

The fact that the public security organ refuses to accept the case does not mean that there is no way to protect one's rights. Review, re-examination, and supervision of case filing are three statutory remedies. The most common mistake made by complainants is to only accept verbal responses and not request written decisions, which results in the inability to initiate subsequent procedures. The more specific and clear the evidence is, the higher the success rate of case filing and supervision. When encountering evasions or jurisdictional disputes, it is necessary to fix the traces of the report as soon as possible and consider involving professional lawyers to avoid wasting time on repeated petitions.

This case is handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

VI. Frequently Asked Questions

Q1: The public security organ said it's not a criminal case and won't accept it. What should I do?

First, request a written notice of non-filing of a case, which is a prerequisite for subsequent remedies. After obtaining the notice, you can apply for a review to the original public security organ within three days from the date of receipt; if you are still dissatisfied with the review decision, you can apply for a review to the higher-level public security organ. If you believe that the act obviously constitutes a crime and the public security organ should have filed a case but failed to do so, you can also apply to the people's procuratorate at the same level for supervision of the filing of a case. In practice, oral refusals do not have terminating effects. Complainants should insist on requesting a written decision and keep the receipt of the report and the communication records. If necessary, they can entrust lawyers to help sort out the evidence and legal opinions.

Q2: What is the difference between a notice of non-filing and a decision not to file a case?

Both refer to the same legal consequence, that is, the public security organ decides not to initiate a criminal investigation. In practice, it is usually expressed as a decision not to initiate a case and notifies the complainant in the form of a notice of non-initiation of a case. The key point is not the name, but that it is a written decision and an essential basis for applying for review, re-examination, and supervision of case initiation. If the complainant is only informed orally that the case will not be accepted, the complainant has the right to request a formal document; without a written document, it is difficult to initiate subsequent review and supervision procedures. Therefore, it is necessary to request and keep the receipt and the original notice when reporting the case.

Q3: Can the procuratorate's supervision of case filing really make the public security organ file a case?

Yes, but it must meet certain conditions. According to Article 113 of the Criminal Procedure Law, if the victim believes that the public security organ should initiate an investigation but fails to do so, and submits the case to the procuratorate, the procuratorate shall require the public security organ to explain the reasons for not initiating an investigation. If the reasons are deemed unfounded, the procuratorate shall notify the public security organ to initiate an investigation. After receiving the notification, the public security organ shall initiate an investigation. In practice, the procuratorate will review whether there are criminal facts, whether the case falls within its jurisdiction, and whether it meets the standards for prosecution. For cases where initiation of an investigation is indeed required but not carried out, the procuratorate will issue a notice to initiate an investigation. The complainant should provide materials that are sufficient to indicate clues of the crime. Otherwise, the procuratorate will first guide the complainant to supplement the evidence rather than directly notify the public security organ to initiate an investigation.

Q4: When going to the public security organ to file a complaint, what evidence materials should I prepare?

The core elements are materials that can initially prove the existence of the criminal facts: identity certificates and relationship certificates; written complaints (specifying the time, place, people involved, the process, and claims); injury photos, medical records, and appraisal opinions; receipts and ownership certificates for property losses; objective evidence such as audio and video recordings, chat logs, and transfer records; and the names and contact information of witnesses. The materials should form a timeline and causal relationship to avoid mere subjective descriptions. For economic-related complaints, contracts and transaction records are also required to distinguish between civil and criminal cases. When submitting the materials, retain copies and receipts for easy reference during review, re-examination, and case filing supervision.

Q5: Are there any statutes of limitations or time limits for criminal charges?

Generally, criminal prosecution is not subject to statute of limitations, and the public security organ shall accept and review the case as long as it does not exceed the statute of limitations for the corresponding crime. However, there are procedural time limits for applying for reconsideration and review of the decision not to initiate a case, as well as claiming rights through petitions. Delaying for too long will increase the difficulty of obtaining evidence. Some cases also involve the handling period of public security management. Therefore, it is necessary to report the case and apply for reconsideration as soon as possible. After obtaining the notice of non-initiation of a case, it is important to initiate a review or supervision of the case in a timely manner, so as not to miss the opportunity to fix evidence and promote the initiation of a case due to waiting.

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

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