39Evidence A

You must obtain a case receipt when reporting a crime; if no case is opened, you must receive a written notice. You can request a reconsideration within 7 days and a review within another 7 days. The procuratorate can also order the police to open a case

When you report a crime, you must obtain the case receipt on the spot; this is your proof that the report was filed. If the public security organs decide not to file a case, they must provide you with a written notice of non-filing. If you disagree, you can apply for reconsideration within 7 days, and if you still disagree, you can apply for review within another 7 days. You may also approach the People's Procuratorate to request supervision of the public security organs' case-filing decision.

Cost

No cost involved. Simply ask for the case receipt right th…

Benefit

Article 171 of the "Provisions on the Procedures for Public Security Organs to Handle Criminal Cases" (as amen…

Cost

No cost involved. Simply ask for the case receipt right then and there. Afterwards, follow the timelines outlined above to check on your case’s status. The only difficulty lies in having to make these inquiries repeatedly.

Benefit

Article 171 of the "Provisions on the Procedures for Public Security Organs to Handle Criminal Cases" (as amended by Ministry of Public Security Order No. 159) governs the case receipt. The original text states: "When public security organs accept a case, they shall prepare a case acceptance registration form and a case acceptance receipt, and shall deliver the case acceptance receipt to the person delivering the suspect, the informant, the accuser, or the whistleblower." Article 174: "For accepted cases or discovered clues of crime, public security organs shall conduct an investigation promptly." Article 178 governs whether a case is filed. After accepting a case and conducting an investigation, if it is believed that there are criminal facts requiring criminal responsibility and the case falls under their jurisdiction, a case must be filed. The filing of a case must be approved by the head of the public security organ at or above the county level. Even if a case is not filed, you must be given a document: "For cases with an accuser, if the decision is not to file a case, the public security organs shall prepare a notice of non-filing and deliver it to the accuser within three days." Article 179 governs what to do if you disagree. The original text states: "If an accuser disagrees with the decision not to file a case, they may apply for reconsideration to the public security organ that made the decision within seven days after receiving the notice of non-filing; the public security organs shall make a decision within thirty days after receiving the application for reconsideration." It continues: "If an accuser disagrees with the reconsideration decision not to file a case, they may apply for review to the superior public security organ within seven days after receiving the reconsideration decision; the superior public security organ shall make a decision within thirty days after receiving the application for review. If the superior public security organ revokes the decision not to file a case, the inferior public security organ shall execute it." For major or complex cases, the time limit for reconsideration and review may be extended, but "it shall not exceed thirty days, and the applicant shall be notified in writing." Article 112 of the Criminal Procedure Law: If there are criminal facts that require criminal responsibility, a case shall be filed; if a case is not filed, "the reasons for non-filing shall be notified to the accuser. If the accuser disagrees, they may apply for reconsideration." Article 113: "If a victim believes that the public security organs should conduct an investigation but do not file a case, and brings this to the People's Procuratorate, the People's Procuratorate shall require the public security organs to explain the reasons for non-filing. If the People's Procuratorate finds that the reasons for non-filing by the public security organs are unsubstantiated, it shall notify the public security organs to file the case, and the public security organs shall file the case upon receiving the notice." Article 61 of the "Provisions on the Procedures for Public Security Organs to Handle Administrative Cases" has the same requirement. For cases within the jurisdiction of the unit, "investigation and handling shall be carried out immediately, a case acceptance registration form and a case acceptance receipt shall be prepared, and the case acceptance receipt shall be delivered to the informant, the accuser, the whistleblower, or the person delivering the suspect." The time limit for handling administrative/public security cases "shall not exceed 30 days from the date of acceptance; for major and complex cases, it may be extended by 30 days upon approval by the superior public security organ," and the period for forensic identification is not included in the case-handling period. Article 9 of the "Regulations on Supervision of Public Security Organs" governs complaining about the police. The original text states: "Supervision organs, regarding the ongoing illegal or disciplinary acts of public security organs and their police officers reported by the masses, shall dispatch officers in a timely manner, provide on-site handling according to regulations, and provide timely feedback of the handling results to the complainant" (National scope).

Original sources

全国人大 (2018). 刑事诉讼法(2018 年修正,第一百一十二、一百一十三条). https://flk.npc.gov.cn/detail?id=ff8080816f135f46016f1d1b81b01351;公安部 (2020). 关于修改《公安机关办理刑事案件程序规定》的决定(公安部令第 159 号)及修正后全文. http://www.gov.cn/gongbao/content/2020/content_5549884.htm;公安部 (2013/2019 修正). 公安机关办理行政案件程序规定(公安部令第 125 号,第 149 号修改决定). http://www.gov.cn/gongbao/content/2013/content_2321117.htm、http://www.gov.cn/zhengce/zhengceku/2018-12/31/content_5428593.htm;国务院 (2011). 公安机关督察条例(国务院令第 603 号,第九条). https://www.gov.cn/zhengce/zhengceku/2011-09/08/content_6138.htm

Open source link
Book note

The beneficiary is yourself. Reporting to the police does not guarantee processing, but there are explicit standards and time limits for whether and how long it will be handled; it does not depend on the mood of the officer on duty that day. Remember three actions in order: ① Obtain the case acceptance receipt on the spot, and note down the case number and the accepting unit. ② If there is no result by the deadline, inquire about the progress according to the deadlines mentioned above; ask "at which stage is the case," rather than asking "why are you ignoring me." ③ Upon receiving a notice of non-filing, first check the reasons, apply for reconsideration within 7 days, and then apply for review within another 7 days. Simultaneously, you can submit a request for case-filing supervision to the People's Procuratorate; these three paths do not conflict. Administrative/public security cases include things like fighting or petty theft. The case-handling period starts from the day of acceptance and shall not exceed 30 days. For major and complex cases, it can be extended by another 30 days upon approval by the superior public security organ. The time spent on forensic identification is not counted. If the reception attitude is poor, file a complaint with the supervision department, while the case itself continues to follow the filing process. Lost property or neighborhood disputes are not criminal cases. Public security organs will handle them as administrative cases, through mediation, or even just as a record/registration; do not interpret this as "no one is handling the report." For the process of stopping payments after being defrauded, see item 2 of this section (immediately call 110 to request a stop-payment). For being cyberbullied, see item 37 of this section (preserve evidence first, then choose your path).

My note