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公安机关的立案报告,是办案人员对重大的刑事案件和反革命案件,报请领导审查决定立案的书面报告。 根据《中华人民共和国刑事诉讼法》第61条规定,公安机关立案报告必须具备以下三个条件:第一,必须是认定确有犯罪事实,即犯罪事实已经发生或者正在发生;第二,必须是依法需要追究刑事责任的,即是说,虽有犯罪事实,但依照法律规定可以免除处罚的,则不能立案。只有犯罪事实确实存在,而且,依照法律规定需要追究刑事责任的,才能立案;第三,必须是属于自己管辖范围内的案件。 《中华人民共和国刑事诉讼法》第58条第1款又规定:“侦查是指公安机关、人民检察院在办理案件过程中,依照法律进行的专门调查工作和有关的强制性措施。”这就是说,立案报告主要是公安机关按照管辖范围行使侦查权,以对案件被告人追究刑事责任为目的的上报审批文书。
The case filing by the public security organ is a written report on the major criminal and counterrevolutionary cases handled by investigators and reported to the leadership for examination and decision. According to Article 61 of the Criminal Procedure Law of the People’s Republic of China, the filing report of a public security organ must meet the following three conditions: First, it must be determined that there is indeed a criminal fact that the facts of the crime have occurred or are happening; and secondly, In accordance with the law need to be investigated for criminal responsibility, that is to say, although criminal facts, but in accordance with the law can be exempted from punishment, you can not file a case. Only when the criminal fact does exist and if criminal responsibility needs to be investigated in accordance with the law, can it be put on record. Third, it must be a case within its jurisdiction. Article 58, paragraph 1, of the Criminal Procedure Law of the People’s Republic of China stipulates: “Investigation refers to the special investigation carried out by public security organs and people’s procuratorates in the course of handling cases in accordance with the law and the relevant mandatory measures.” This means that The filing report is mainly an examination and approval document for the purpose of the public security organ exercising its power of investigation in accordance with its jurisdiction and pursuing criminal responsibility for the defendant in the case.