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Does a case have to be filed if there is a receipt of acceptance?
Getting the police report receipt does not count as filing a case, but it only proves that the police have accepted the case. If the police do not file a case, they will issue a notice not to file the case and serve it to the accuser within three days.
According to Article 175 of the "Procedural Regulations on the Handling of Criminal Cases by Public Security Organs", after the public security organ accepts the case and upon review, considers that there are criminal facts that require criminal liability and that it falls within its own jurisdiction, the case shall be handled by the county The case shall be filed with the approval of the person in charge of the public security organ at or above the county level; if it is believed that there are no criminal facts, or the criminal facts are obviously minor and do not require criminal liability, or there are other circumstances in which criminal liability is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level. File a case.
If it is decided not to file a case with an accuser, the public security organ shall prepare a notice of non-filement and serve it to the accuser within three days.
Legal basis:
"Procedural Regulations for the Handling of Criminal Cases by Public Security Organs"
Article 187 The public security organ shall, for a criminal case that has been filed, Conduct timely investigations and comprehensively and objectively collect and obtain evidence and materials proving that the criminal suspect is guilty or innocent, and that the crime is minor or serious.
Article 193: For criminal suspects who do not need to be detained or arrested, the public security organs may, with the approval of the person in charge of the case handling department, summon the criminal suspect to a designated place in the city or county where the criminal suspect is located or to for questioning at his residence.
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