Public Security Filing Procedure of Criminal Cases Transferred by the Court

The procedure for the court to transfer public security criminal cases to public security organs is:

1, the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed and the plaintiff shall be informed of the original cause of action.

2. Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports.

If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.

What is the process of public prosecution?

The process of public prosecution cases is as follows:

1. First, the public security bureau or the supervisory committee and other organs put on record for investigation, and those who have been found to constitute a crime and need to be investigated for criminal responsibility are transferred to the procuratorate for review and prosecution.

2. If the people's procuratorate believes that it really constitutes a crime and needs to be convicted and sentenced, it shall be transferred to the people's court at the same level for public prosecution.

3. The court decides the case within the time limit prescribed by law. If the procuratorate or the defendant refuses to accept the judgment of first instance, he may lodge a protest and appeal before the judgment of first instance takes effect.

4. After the judgment of the second instance is made or the judgment of the first instance takes effect, the judgment shall be executed.

Generally speaking, if the court transfers the case to the public security, it means that the civil case has been transformed into a criminal case, and the situation will be more complicated, and it needs to be reviewed by the public security organ before it can be transferred to the court.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 19

The investigation of criminal cases shall be conducted by public security organs, except as otherwise provided by law.

Crimes such as illegal detention, extorting confessions by torture, and illegal search. When the people's procuratorate conducts legal supervision over litigation activities, it finds that judicial personnel have violated citizens' rights by taking advantage of their functions and powers and damaged judicial justice, and may file a case for investigation. If a major criminal case of a functionary of a state organ under the jurisdiction of a public security organ needs to be directly accepted by a people's procuratorate, it may be placed on file for investigation upon the decision of a people's procuratorate at or above the provincial level.

Cases of private prosecution are directly accepted by the people's courts.

Article 20

The basic people's courts shall have jurisdiction over ordinary criminal cases of first instance, except cases under the jurisdiction of the people's courts at higher levels according to this Law.

Article 21

The Intermediate People's Court has jurisdiction over the following criminal cases of first instance:

(1) Cases endangering national security and terrorist activities;

(2) Cases that may be sentenced to life imprisonment or death penalty.