Case Concerning Case Filing Supervision of Fraud of Yin X and Others
(SPP Guiding Case No. 213)
Key words
Supervision of case filing; Overlap of criminal and civil matters; False litigation; Investigation and verification; Follow-up oversight; Clues transfer
Summary
In cases involving the overlap of criminal and civil matters, where a victim reports a suspected criminal offense to the public security organs, but the report is denied for case filing, the people's procuratorates shall exercise supervision of case filing by distinguishing between different circumstances. Where supervisory clues indicate a genuine suspicion of criminal conduct, the procuratorate shall fully employ various means for investigation and verification in accordance with the law. In major and complex cases of case filing supervision, the people's procuratorates shall strengthen collaboration with the public security organs, carry out follow-up oversight, and provide opinions and recommendations on evidence collection, fact-finding, and the characterization of the case.
Relevant provisions
Article 266 of the Criminal Law of the People's Republic of China
Article 111 (now Article 113 in the Rev. 2018) of the Criminal Procedure Law of the People's Republic of China (Rev. 2012)
Articles 552, 553, 554, 555, 557, 558, 559, and 560 (now Articles 557 to 561, 563, 564 in the Rev. 2019) of the Rules for Criminal Procedure of the People's Procuratorates (for Trial Implementation) (Issued as Judicial Interpretation No. 2 [2012], effective as of January 1, 2013)
Articles 4, 5, 7, 8, and 9 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Relevant Issues on the Supervision of Filing of Criminal Cases (for Trial Implementation), (No. 5 [2010] of the Supreme People's Procuratorate, effective as of October 1, 2010)
