If the case is a private lending case, it does not belong to the jurisdiction of the public security organ and cannot be placed on file; If it is a fraud case, which falls within the jurisdiction of the public security organ, it can be filed. The filing procedure of loan fraud is to report the case to the Public Security Bureau first. If the Public Security Bureau verifies the suspected crime, it shall file a case for investigation and put the suspect in criminal detention after filing the case. The specific procedures are as follows: (1) acceptance. Acceptance of filing materials refers to the activities of public security organs, people's procuratorates or people's courts to receive and shelter persons or materials who report, accuse, report and surrender. (2) Review: The review of filing materials refers to the activities of public security organs, people's procuratorates or people's courts to check and investigate the accepted materials. Its task is to correctly determine whether there are criminal facts and whether the perpetrator should be investigated for criminal responsibility, so as to lay the foundation for making a correct decision on whether to file a case. (3) Handling: After the public security and judicial organs review the filing materials and conduct necessary investigations, they will handle them according to different situations.
Legal basis:
Article 115 of the Criminal Procedure Law of People's Republic of China (PRC) * * * The public security organs investigate criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, and the crime is light or heavy. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Derivative problem:
What is the filing standard for loan fraud?
The composition of the crime of loan fraud is as follows:
1. bribing the staff of a bank or financial institution to defraud a large amount of loans;
2, squandering loans or using loans for illegal activities, resulting in loans that cannot be repaid at maturity;
3. Concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period;
4, provide false guarantee to apply for a loan, after the expiration of the loan period, refused to repay;
5. Apply for a loan in the name of another person and refuse to repay the loan after the loan term expires.