According to the provisions of Article 112 of the Criminal Procedure Law, the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, promptly examine the materials of reporting, accusing, reporting and surrendering themselves, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case.

If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.

Extended data

If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:

1, knowing that there is no repayment ability, it overdraws a lot and cannot be returned;

2, squandering overdraft funds, unable to return;

3. Escape after overdraft, change contact information, and avoid bank collection;

4. Withdrawing or transferring funds, concealing property or evading repayment;

5, the use of overdraft funds for illegal and criminal activities;

6, other illegal possession of funds, refused to return the behavior. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.

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