The following are the legal provisions for reference:
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases
Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
After reviewing criminal cases or civil disputes, the judicial organs decide to classify them as litigation cases for investigation or trial, which is the initial stage of litigation activities. Generally, it includes criminal filing, administrative filing and civil filing.
The Criminal Procedure Law of People's Republic of China (PRC) stipulates that filing a case must meet two conditions:
1. Criminal facts exist.
2 criminal facts shall be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility shall not be investigated, the case cannot be filed.
In any of the following circumstances, criminal responsibility shall not be investigated and the case shall not be filed; If the investigation has been completed, the case shall be dismissed, or no prosecution shall be instituted, or the case shall be declared innocent.
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime.
(2) The crime has passed the limitation period.
(3) Being exempted from punishment by amnesty.
(4) Failing to tell or withdrawing from telling a crime without trial or prosecution according to the provisions of the Criminal Law.
(5) The defendant has died.
6. Other laws and regulations exempt from criminal responsibility.
The judicial organ shall, within its jurisdiction, examine the materials of accusation, accusation or surrender. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the complainant and prosecutor 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.
Those who meet the conditions for filing a case shall be placed on file. After filing the case, the public security organs and people's procuratorates began to investigate general cases; Cases of private prosecution are directly tried by the people's courts; If there are no criminal facts, or criminal responsibility should not be investigated according to law, the case shall not be filed. The Civil Procedure Law of People's Republic of China (PRC) stipulates that the people's court shall file a case within 7 days after receiving a complaint or oral prosecution, which it considers should be accepted after examination; If it considers that it should not be accepted, it shall notify the plaintiff within 7 days and explain the reasons.
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