Foreword
First of all, the police should first confirm that the organ with jurisdiction in the territory is responsible for handling the information provided by the informant, and the inter-provincial police report involves the situation that the informant and the reported information belong to different regions, in this case, if it is a public security case to be accepted in accordance with the provisions of the Public Security Administration Punishment Law, if it is a criminal case, it is accepted in accordance with the provisions of the Criminal Procedure Law.
The relevant provisions of the Public Security Administration Punishment Law on reporting to the police
On the basis of article 77 of the "Law of the People's Republic of China on Public Security Administration Punishments", public security organs shall promptly accept and register cases of violations of the administration of public security that are reported, accused, reported, or violated the administration of public security, as well as cases of violations of the administration of public security transferred by other administrative departments or judicial organs.
Article 78: After public security organs accept a report, accusation, report, or surrender, they find that it is a violation of the administration of public security, they shall immediately conduct an investigation; Where it is found that it is not a violation of the administration of public security, the person making the report, the accuser, the informant, or the person who surrenders shall be notified, and the reasons shall be explained.
Article 79: Public security organs and their people's police shall conduct investigations of public security cases in accordance with law. It is strictly forbidden to extort confessions by torture or to use threats, inducements, deception, or other illegal means to gather evidence. Evidence gathered by illegal means must not be the basis for punishment. 【1】
There are no restrictive conditions such as the prohibition of cross-provincial reporting of public security cases, so it is theoretically possible to report to the police across provinces.
Provisions of the Criminal Procedure Law on reporting cases
In accordance with article 19 of the Criminal Procedure Law of the People's Republic of China, the investigation of criminal cases is to be conducted by the public security organs, except as otherwise provided by law.
The people's procuratorate may file a case for investigation if the people's procuratorate discovers in the course of exercising legal supervision of litigation activities that judicial personnel abuse their authority to commit crimes that infringe on citizens' rights or harm judicial fairness, such as illegal detention, extortion of confessions by torture, or illegal searches. When it is necessary for the people's procuratorate to directly accept a case of a major crime committed by a state organ employee in the jurisdiction of a public security organ abusing his authority, the people's procuratorate may file and investigate the case upon a decision of the people's procuratorate at the provincial level or above. Private prosecution cases are to be directly accepted by the people's courts. 【2】
In accordance with the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs".
Article 14: On the basis of the provisions of the Criminal Procedure Law, except in the following circumstances, criminal cases are under the jurisdiction of the public security organs:
1) Cases of crimes abusing public office within the jurisdiction of the Supervision Organs;
2) Cases of illegal detention, extortion of confessions by torture, illegal searches, and other crimes that infringe on citizens' rights and harm judicial fairness committed by judicial personnel abusing their authority and harming judicial fairness discovered in the course of legal supervision of litigation activities within the jurisdiction of the people's procuratorates, as well as cases of major crimes committed by employees of state organs under the jurisdiction of public security organs that have been decided to file and investigate by a people's procuratorate at the provincial level or above;
3) Private prosecution cases within the jurisdiction of the people's courts. Where a people's court directly accepts a minor criminal case where the victim has evidence to prove it, and the prosecution is rejected due to insufficient evidence, and the people's court transfers it to the public security organs, or the victim makes an accusation to the public security organs, the public security organs shall accept it; Where the victim directly makes an accusation to the public security organs, the public security organs shall accept it;
4) Crimes of violation of duties by military personnel under the jurisdiction of the military security department and criminal cases occurring within the military;
5) Criminal cases in which convicts under the jurisdiction of prisons commit crimes in prisons;
6) Criminal cases occurring in waters under the jurisdiction of the coast guard department outside the coastline (island) under the jurisdiction of the People's Republic of China. For areas such as coastal ports, wharves, tidal flats, and dockings, the public security organs shall have jurisdiction;
7) Other criminal cases that shall be in the jurisdiction of other organs in accordance with laws and provisions.
Article 15: Criminal cases are under the jurisdiction of the public security organs at the site of the crime. If it is more appropriate for the public security organ for the criminal suspect's place of residence to have jurisdiction, the public security organ for the criminal suspect's place of residence may have jurisdiction.
Where laws, judicial interpretations, or other normative documents make special provisions on the jurisdiction of criminal cases, follow those provisions.
Article 16: The site of the crime includes the place where the criminal conduct occurred and the place where the results of the crime occurred. The place where the criminal act occurred, including the place where the criminal act was committed, as well as the place where the criminal act was prepared, started, transited, and ended, and other places related to the criminal act; Where the criminal conduct is continuous, continuous, or continuing, the place where the criminal conduct is continuous, continuous, or continuing is the place where the criminal conduct occurred. The place where the results of the crime occurred include the place where the target of the crime was infringed upon, the place where the criminal proceeds were actually obtained, hidden, transferred, used, or sold.
The place of residence includes the place of household registration and the place of habitual residence. Habitual residence refers to the place where a citizen has left the place of household registration for more than one year and last lived continuously, except for hospitalization for medical treatment. The registered domicile of the unit is its place of residence. Where the location of the principal place of business or principal administrative office is inconsistent with the registered domicile, the principal place of business or the location of the principal administrative office is its place of residence.
Article 169: Public security organs shall immediately accept citizens' renunciations, reports, accusations, or reports, or criminal suspects' voluntary surrender, ask about the circumstances, and make a record, and after verifying that there are no errors, have the person who turned them in, the person who reported the case, the accuser, the informant, or the person who surrendered the case sign and leave a fingerprint. When necessary, an audio or video recording of the acceptance process shall be made.
Article 170: Public security organs shall register the relevant evidentiary materials provided by the person who turned them in, reported the case, accused, informant, or surrendered, and drafted a list of the materials to be accepted, which is to be signed by the person who turned them in, the person who reported the case, the accuser, the informant, or the person who surrendered, and properly kept them. When necessary, photographs or audio or video recordings shall be made.
Article 171:When public security organs accept a case, they shall draft a case acceptance registration form and a receipt for accepting the case, and hand over the receipt of receipt to the person who handed it over, reported the case, made the accuser, or made the informant. Where the person who sent the case, the person who reported the case, the accuser, or the informant cannot be contacted or refuses to receive a receipt, this shall be noted in the receipt.
Article 172: The staff of public security organs receiving accusations or reports shall explain to the accuser or informant the legal responsibility they should bear for false accusations. However, as long as the facts are not fabricated or evidence is fabricated, even if there are discrepancies in the facts of the accusation or report, or even if the accusation is wrong, it must be strictly distinguished from false accusation.
Article 173: Public security organs shall ensure the safety of persons who have been transferred, informants, accusers, informants, and their close relatives.
If the person who turned them in, reported the case, made the accusation, or made the informant is unwilling to disclose their identity, they shall keep it confidential and note it in the materials. 【3】
To sum up, the police of a criminal case can be reported across provinces, but it is necessary to verify specific information, so even if it can be cross-provincial, it is necessary to sign and confirm with the public relations agency with jurisdiction.
Therefore, the police is a kind of occupation of public resources, although our country has set up a 110 police platform for the convenience of citizens, but the inter-provincial police to a certain extent increases the waste of public resources, if it is necessary to carry out the case of inter-provincial police, you can report to the police in accordance with the relevant provisions of the law. Therefore, when choosing whether to call the police across provinces, we need to carefully consider the nature and urgency of the case, as well as whether the local ** can handle the case in a timely and effective manner. If the case is within the province and the situation is urgent, then it is necessary to report to the police as soon as possible. However, if the case involves multiple provinces, or the situation is not urgent, we can avoid the waste of public resources by coordinating the ** of multiple provinces, or waiting for the local ** to deal with it.
In addition, we also need to clarify the legal provisions for inter-provincial police reporting. According to the Criminal Procedure Law of the People's Republic of China, where a criminal suspect's criminal conduct involves multiple provinces, the public security organ at the place where the criminal act occurred, the result occurred, or the suspect's place of residence may exercise jurisdiction. Therefore, when reporting to the police across provinces, we need to report to the public security organ with jurisdiction in accordance with the relevant provisions of the law. At the same time, we also need to respect the handling opinions of the local people, actively cooperate with the work of the people, and ensure that the cases are handled in a timely and effective manner.
In short, the inter-provincial alarm is a special type of reporting, which requires us to judge and choose according to the actual situation. When reporting to the police across provinces, we need to carefully consider the nature and urgency of the case, as well as whether the local ** can handle the case in a timely and effective manner. At the same time, we also need to clarify the legal provisions for cross-provincial alarms, and report to the police in accordance with the relevant provisions of the law. In this way, we can make better use of public resources and ensure that cases are handled in a timely and efficient manner.
References: 1] Public Security Administration Punishment Law of the People's Republic of China.
2] Criminal Procedure Law of the People's Republic of China.
3] Provisions on the procedures for handling criminal cases by public security organs.
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