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| 中华人民共和国刑事诉讼法（英文版）（上） |
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| http://www.dffy.com 2007-1-19 17:18:57 来源：东方法眼 |
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(6) “Near relatives” means a person s husband or wife, father, mother, sons, daughters, and brothers and sisters born of the same parents.
PART TWO FILING A CASE, INVESTIGATION, AND INITIATION OF PUBLIC
Article 83 The public security organs or the People s Procuratorates shall, upon discovering facts of crimes or criminal suspects, file the cases for investigation within the scope of their jurisdiction.
Article 84 Any unit or individual, upon discovering facts of a crime or a criminal suspect, shall have the right and duty to report the case or provide information to a public security organ, a People s Procuratorate or a People s Court.
When his personal or property rights are infringed upon, the victim shall have the right to report to a public security organ, a People s Procuratorate or a People s Court about the facts of the crime or bring a complaint to it against the criminal suspect.
The public security organ, the People s Procuratorate or the People s Court shall accept all reports, complaints and information. If a case does not fall under its jurisdiction, it shall refer the case to the competent organ and notify the person who made the report, lodged the complaint or provided the information. If the case does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures before referring the case to the competent organ.
Where an offender delivers himself up to a public security organ, a People s Procuratorate or a People s Court, the provisions of the third paragraph shall apply.
Article 85 Reports, complaints and information may be filed in writing or orally. The officer receiving an oral report, complaint or information shall make a written record of it, which, after being read to the reporter, complainant or informant and found free of error, shall be signed or sealed by him or her.
The officer receiving the complaint or information shall clearly explain to the complainant or the informant the legal responsibility that shall be incurred for making a false accusation. However, a complaint or information that does not accord with the facts, or even a mistaken complaint shall be strictly distinguished from a false accusation, as long as no fabrication of facts or falsification of evidence is involved.
The public security organs, the People s Procuratorates and the People s Courts shall insure the safety of reporters, complainants and informants as well as their near relatives. If the reporters, complainants or informants wish not to make their names and acts of reporting, complaining or informing known to the public, these shall be kept confidential for them.
Article 86 A People s Court, People s Procuratorate or public security organ shall, within the scope of its jurisdiction, promptly examine the materials provided by a reporter, complainant or informant and the confession of an offender who has voluntarily surrendered. If it believes that there are facts of a crime and criminal responsibility should be investigated, it shall file a case. If it believes that there are no facts of a crime or that the facts are obviously incidental and do not require investigation of criminal responsibility, it shall not file a case and shall notify the complainant of the reason. If the complainant does not agree with the decision, he may ask for reconsideration.
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本文关键词：刑事诉讼
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