The police refused to file the case and refused to issue a notice [public security investigation stage]

The sources of criminal cases include citizen reports, reports, complaints from victims and their legal representatives and close relatives, transfers from administrative law enforcement agencies, and discovery by the case handling units themselves. As for whether the case is suspected of a crime and whether it should be opened for investigation, the reporter, whistleblower, accuser, and administrative law enforcement agencies may have different understandings from the public security agencies. Sometimes the public security agencies will not open the case after review.

For cases brought against by victims, their legal representatives, and close relatives, because they are actually related to the accuser's personal and property rights and interests, the accuser often has objections to the public security organ's decision not to file the case, and may even go to the next higher-level case-handling agency. Apply for reconsideration, apply to the procuratorate for case filing and supervision, or file a private prosecution directly with the court. However, in judicial practice, whether it is applying for reconsideration, filing a case for supervision, or filing a private prosecution, the relevant authorities will often require the accuser to issue a notice from the public security organ not to file the case. However, sometimes in order to avoid their own risks, the public security organs will refuse to issue a notice not to file a case to the accuser, often causing a lot of inconvenience to the accuser.

Regarding the above situation, the "Criminal Procedure Law of the People's Republic of China" clearly stipulates that if the public prosecutor's office and the procuratorate review the case and find that it does not constitute a crime or that criminal liability is not investigated in accordance with the law, the case may not be filed. However, if the case is not filed, the case shall not be filed. The reason is communicated to the accuser. The "Regulations on the Procedure for Handling Criminal Cases by Public Security Organs" also stipulates that if a case with an accuser is decided not to be filed, the public security organ shall prepare a notice of disapproval and serve it to the accuser within three days.

Therefore, when the public security organ fails to file a case and refuses to issue a notice not to file the case, the lawyer should guide the client to safeguard his or her rights and interests in accordance with the law.

In practice, lawyers can form written materials on the case reporting process, clearly requesting the public security organs to issue a notice of disapproval of filing a case in the materials, submit them to the public security organs, and try to use the law to persuade the public security organs to file a case or issue a notice. If the public security organ still refuses to issue it, it can mail the above written materials to the agency that refuses to file the case, and keep the mailing certificate for future use in filing complaints, supervising case filing, or filing criminal private prosecutions.