Police Station Not Transferring Criminal Cases

It is illegal for a police station to fail to transfer a criminal case that should be transferred without justifiable reasons, and legal rights can be protected through various channels.

I. Legal Nature of a Police Station's Failure to Transfer a Case

As a grassroots unit of the public security organs, a police station is responsible for the preliminary investigation of criminal cases. If a case meets the conditions for filing a case (such as the existence of criminal facts and the need to pursue criminal responsibility), the police station must transfer the case to the criminal investigation department of the public security organ at or above the county level for further investigation in accordance with the law, and ultimately, the procuratorial organ will review and prosecute the case. If a police station fails to transfer a case without justifiable reasons, it may constitute illegal acts such as favoritism and malpractice, and abuse of power. According to Article 402 of the Criminal Law, an administrative law enforcement officer who engages in favoritism and malpractice and fails to transfer a case that should be transferred to the judicial organ for criminal responsibility in accordance with the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if serious consequences are caused, he or she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

II. Legal Ways to Deal with a Police Station's Failure to Transfer a Case

1. Report to Higher-Level Public Security Organs
   Written materials can be submitted to the discipline inspection and supervision department or the supervision agency of the public security organ at or above the county level, explaining the specific situation of the police station's failure to transfer the case (such as the facts of the case, evidence, and the reasons for the police station's refusal to transfer the case), and requesting them to intervene in the investigation and urge rectification.

2. Apply for Reconsideration or Review
   In accordance with the relevant provisions of the Criminal Procedure Law, if one believes that the police station's failure to transfer the case is improper, an application for reconsideration can be submitted to the original police station; if the result of the reconsideration is still unsatisfactory, a further application for review can be submitted to the public security organ at the next higher level. This approach must be proposed within the statutory time limit, and relevant evidence materials should be retained.

3. Apply for Supervision by the People's Procuratorate
   According to the Criminal Procedure Law, the people's procuratorate is the legal supervision organ. The victim or his or her close relatives and legal representatives can directly apply to the people's procuratorate, requesting it to supervise the police station's act of failing to transfer the case. The procuratorate can urge the police station to perform its duties through investigation and verification, issuing a notice to correct illegal acts, and other means.

4. Seek Legal Aid
   If an individual has difficulties in handling the case (such as insufficient legal knowledge and complex procedures), a professional lawyer can be commissioned to assist. The lawyer can analyze the case, provide legal advice, and draft materials such as applications for reconsideration and supervision on behalf of the client, and even protect rights and interests through administrative litigation and other means.

III. Precautions

During the process of protecting rights and interests, it is necessary to ensure that all application materials are true and complete, and retain the submission vouchers. If the case is complex or it is difficult to collect evidence, it is advisable to give priority to assistance from a lawyer to improve efficiency and reduce risks.