Legal basis: According to Article 17 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.

article 18 any unit or individual has the right and obligation to report to the public security organ, the people's procuratorate or the people's court when it discovers criminal facts or criminal suspects.

the victim has the right to report or accuse the criminal facts or criminal suspects who infringe upon his personal and property rights to the public security organs, people's procuratorates or people's courts.

public security organs, people's procuratorates or people's courts should accept reports, complaints and reports. Those that are not under their jurisdiction 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 authorities.

if a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.

article 19 a report, complaint or tip-off may be made in writing or orally. A staff member who accepts an oral report, complaint or tip-off shall make a written record, which shall be signed or sealed by the informant, complainant and informer after being read out correctly.

the staff who accept the complaint or report shall explain the legal responsibility of false accusation to the complainant and informant. However, as long as the facts are not fabricated and evidence is forged, even if the facts of the accusation and report are different, or even false accusations, they should be strictly distinguished from false accusations.

public security organs, people's procuratorates or people's courts should ensure the safety of informants, accusers, informants and their near relatives. Informants, accusers and informants should keep secrets for them if they are unwilling to disclose their names and the acts of reporting, accusing and reporting.

article 11 the people's court, the people's procuratorate or the public security organ shall, within the scope of their jurisdiction, promptly examine the materials of reporting, accusing, reporting and surrendering themselves, and when they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; When 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 complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.

article 111 if the people's procuratorate thinks that the public security organ fails to file a case for investigation, or if the victim thinks that the public security organ fails to file a case for investigation, the people's procuratorate shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.