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.

Reporting a crime and having a case officially opened are two separate steps. When the police accept a case, they must provide you with a case receipt — this document is the sole proof that you actually filed a report. If they decide not to open a case, they must issue a written notice explaining this decision. If you disagree, you may request a reconsideration within 7 days, and if still unsatisfied, a further review within another 7 days. You may also approach the procuratorate to ensure the police fulfill their duty to open the case.

Cost

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

Benefit

Article 171 of the Procedural Provisions on Handling Criminal Cases by Public Security Organs (Amended by Orde…

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 Procedural Provisions on Handling Criminal Cases by Public Security Organs (Amended by Order No. 159 of the Ministry of Public Security) explicitly mandates that a case receipt must be issued to anyone reporting a crime — including witnesses, complainants, and tipsters. Article 174 states that once a case is accepted, the police must promptly conduct an investigation. Article 178 governs the decision to open or not open a case: if sufficient evidence exists and the case falls under their jurisdiction, it must be opened following approval by a senior officer at or above the county level. If no case is opened, a written notice must be delivered to the complainant within 3 days. Article 179 outlines the appeal process: complainants may request a reconsideration within 7 days of receiving the notice, and if still dissatisfied, a further review within another 7 days; these deadlines may be extended by up to 30 days in complex cases, with written notification to the applicant. Article 112 of the Criminal Procedure Law similarly stipulates that cases must be opened when sufficient evidence exists; otherwise, the reasons must be communicated to the complainant, who may then request a reconsideration. Article 113 adds that if the procuratorate deems the police’s refusal unjustified, it may order them to open the case. These provisions also apply to administrative cases under Article 61 of the Procedural Provisions on Handling Administrative Cases by Public Security Organs. For minor offenses such as fights or petty theft, the investigation period must not exceed 30 days, extendable by another 30 days under special circumstances; time spent on expert evaluations does not count toward this limit. Article 9 of the Regulations on Police Oversight further ensures that complaints regarding police misconduct are addressed promptly, with outcomes communicated back to the complainant.

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

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Book note

This guidance is designed to benefit you directly. It clarifies the common misconception that merely reporting a crime guarantees immediate action. Clear legal timelines and standards govern both the initiation and progression of investigations, independent of individual officers’ discretion. Keep these three steps in mind: ① Obtain the case receipt on the spot and note down the case number and handling unit; ② If no progress is made by the deadline, inquire specifically about the case’s current stage rather than questioning why action has not been taken; ③ Upon receiving a notice of non-initiation, review its rationale, then exercise your rights to reconsideration and review within the stipulated periods, while also having the option to request oversight from the procuratorate — all these avenues are mutually compatible. Administrative cases, which involve minor infractions like altercations or petty theft, follow similar procedural rules with a maximum 30-day investigation window, extendable by another 30 days under exceptional circumstances; evaluation periods are excluded from this calculation. Remember that poor treatment by police personnel is a separate issue from case handling; such conduct should be reported via oversight channels to prevent it from derailing your pursuit of justice. Matters such as lost-and-found items or neighborhood disputes are not classified as criminal cases and are instead addressed as administrative matters or through mediation; do not interpret this as a failure to act on your report. For procedures related to halting financial transactions after fraud, refer to item 2 in this section (immediately call 110 to request a freeze). In cases of online harassment, consult item 37 (secure evidence first before selecting appropriate legal measures).

My note