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The difference between filing notice and filing receipt
First, the difference between filing receipt and filing notice
1. When a civil case is brought to court, the court will give the corresponding Notice of Accepting the Case, which is the so-called receipt of filing. In order to save trouble, some courts only have a bill to pay legal fees. This bill cannot prove that the case has been accepted. You can find the judge who filed the case with the bill and ask him to send another notice of accepting the case.
2 filing receipt refers to the receipt given by the reporting organ (Public Security Bureau) to the informant. The receipt for filing a case mainly includes the informant's information, case type, brief case, accepting personnel, contact telephone number and filing time. In other words, the judicial organ has filed a case for acceptance, and the case has entered the judicial process, requiring the parties to implement relevant litigation actions.
3. Provisions of Public Security Organs on Handling Criminal Cases Article 168 When accepting a case, a public security organ shall make a registration form for accepting the case and issue a receipt.
4. Article 107 of the Criminal Procedure Law. When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Second, what are the conditions for filing a case?
The Criminal Procedure Law of People's Republic of China (PRC) stipulates that filing a case must meet two conditions:
1, criminal facts exist.
2 criminal facts shall be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility shall not be investigated, the case cannot be filed.
3. Under what circumstances can't a case be filed?
In any of the following circumstances, criminal responsibility shall not be investigated and the case shall not be filed; If the investigation has been completed, the case shall be dismissed, or no prosecution shall be instituted, or the case shall be declared innocent.
1, if the circumstances are obviously minor and the harm is not great, it is not considered a crime.
2, the crime has passed the limitation period.
3. Freedom from punishment due to amnesty.
4, according to the provisions of the criminal law, the crime of non-trial, non-prosecution, no telling or withdrawal of telling.
The defendant has died.
6, other laws and regulations shall be exempted from criminal responsibility.
The state has formulated a series of laws and regulations to provide people with a safe and healthy living environment, and a sound legal system is an important foundation for the healthy and stable development of society. The public security organ may not necessarily issue a notice of filing a case, but it will certainly issue a notice of not filing a case if it does not. The above is the difference between filing receipt and filing notice. For more questions, please consult an online lawyer.
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