Under what circumstances does the supervisory Committee file a case?

Discipline inspection and supervision organs in the process of case inspection, found that the behavior of the object under investigation constitutes a crime, which needs to be accepted and investigated by judicial organs and public security organs according to law, or after being dealt with by party discipline and political discipline, which needs to be investigated for criminal responsibility, it shall promptly transfer the relevant materials of the case to the judicial organs or public security organs at the same level, that is, file a case.

Legal analysis

The specific meaning of filing a case by the supervisory committee refers to that, after preliminary verification, if the object of supervision is suspected of taking advantage of his duty and needs to be investigated for legal responsibility, the supervisory organ shall go through the filing formalities in accordance with the prescribed authority and procedures. If the disciplinary inspection organs and party committees (party groups) at or above the county level find illegal and criminal cases that need to be investigated and dealt with by the courts, procuratorates and public security organs according to law, or they need to be investigated for criminal responsibility after being dealt with by the party discipline, they shall transfer the filing materials, disciplinary decisions, investigation reports, main evidence and materials of their confessions to the courts, procuratorates or public security organs. The criteria for filing a case are: public officials who take advantage of their positions to occupy more than 5,000 yuan can file a case; corruption: more than 5,000 yuan but less than 5,000 yuan, but the circumstances are serious (corruption and disaster relief, emergency rescue, flood control, epidemic prevention, special care, poverty alleviation, immigration, relief funds, fund-raising, illegal money, confiscation of funds and materials, interception of funds and materials, corrupt means, destruction of evidence and transfer of stolen goods.

legal ground

People's Republic of China (PRC) supervision law

Article 3 Supervisory committees at all levels are specialized organs that exercise state supervisory functions. In accordance with this law, they supervise all public officials who exercise public power (hereinafter referred to as public officials), investigate job-related violations and job-related crimes, carry out clean government building and anti-corruption work, and safeguard the dignity of the Constitution and laws.

Article 4 The board of supervisors shall exercise its supervisory power independently according to law and shall not be interfered by administrative organs, social organizations or individuals. Supervisory organs should cooperate with judicial organs, procuratorial organs and law enforcement departments in handling cases of duty violations and duty crimes. If the supervisory organ needs assistance in its work, the relevant organs and units shall provide assistance according to the requirements of the supervisory organ.