If the police identify it as a civil dispute according to the description of the parties, the police will not intervene.
1, if the parties have exact evidence or reasons to prove that the decision made by the police not to intervene in civil disputes is wrong, they can submit the relevant evidence to the local prosecutor.
Request the prosecution to perform its duties according to law and confirm whether the police's decision not to file a case is correct. If it is not correct, request the prosecution to ask the local police to correct its wrong behavior.
2. If the problems reflected in the IOUs are not economic crimes such as fraud, and do not fall within the jurisdiction of the Economic Investigation Brigade, the parties concerned shall collect and sort out relevant evidence.
Request the people's court with jurisdiction to issue a payment order, or directly file a civil lawsuit to safeguard their legitimate rights and interests. Judicial basis: Article 90 of General Principles of the People's Republic of China and Civil Law; Judicial basis: Articles 2 16 and 2 17 of the Civil Procedure Law of the People's Republic of China.
Extended data:
condition
Two conditions must be met at the same time:
First, there are criminal facts
Refers to the objective existence of some kind of criminal behavior that harms society.
This is the first condition for filing a case.
There are criminal facts, including two aspects.
1.If you want to file a case for investigation, it must be an act that constitutes a crime according to the provisions of the Criminal Law.
Filing a case should and can only be carried out for criminal acts.
If it's not a criminal act, you can't file a case.
There are no criminal facts, or according to the provisions of Article 15 1 of the Criminal Procedure Law, there are illegal acts that endanger society, but if the circumstances are obviously minor and the harm is not great, it should not be placed on file.
Since filing a case is the beginning of investigating a crime, the fact that there is a crime at this time only refers to the discovery of a criminal act that harms society and violates the criminal law.
As for the whole process of the crime, the specific circumstances of the crime, and who the perpetrator is, it is not required to make it clear at the time of filing the case.
These problems should be solved through investigation or trial activities after filing a case.
2. There must be certain factual materials to prove that the criminal facts have indeed occurred.
Including criminal acts have been committed, being committed and preparing for crimes.
Second, criminal responsibility needs to be investigated.
Refers to the criminal responsibility of the criminal who should be investigated according to law.
Only the criminal facts that need to be investigated for the criminal responsibility of the perpetrator according to law, when the criminal facts occur and the criminal responsibility of the perpetrator needs to be investigated according to law, it is necessary and should be filed.
According to the provisions of Article 15 of the Criminal Procedure Law, although a crime has occurred, the statute of limitations for prosecution has expired; Exempted from punishment by Amnesty; If a crime is dealt with only after being told in accordance with the criminal law, it is not told or withdrawn.
The criminal suspect is dead; Other laws that exempt from criminal responsibility shall not be investigated for criminal responsibility.
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