The procedure of filing a criminal private prosecution case

The filing process of criminal private prosecution cases includes: firstly, it is necessary to judge whether it belongs to the scope of criminal private prosecution cases; The private prosecutor submits a complaint and relevant evidential materials to the court; The court accepts the case and then makes a trial and judgment. The people's court may mediate a case of private prosecution; Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. The procedure for filing a case of criminal private prosecution is: the private prosecutor files a lawsuit, and if there is only a criminal lawsuit, he submits a criminal private prosecution at the time of prosecution; If there is an incidental civil action, it is also necessary to submit a criminal incidental civil private prosecution. Private prosecution cases are only handled after being informed, and other minor criminal cases that do not require investigation.

1. Conditions for private prosecution:

1, which is under the jurisdiction of the Court of Appeal;

2. It is a private prosecution case;

3. The victim informs;

Second, the criminal proceedings:

1. The procuratorate shall decide whether to prosecute the case transferred by the public security organ within 1 month;

2. After accepting a case of public prosecution, the court of first instance will generally pronounce a judgment within 1 month, and no later than 1 month and a half;

3. Within 10 days after the verdict is pronounced, the defendant may appeal and the procuratorate may lodge a protest; Wait a minute.

Legal basis:

Judicial Interpretation of the Supreme Court on the Crime of Refusing to Execute a Judgment or Ruling Article 3 If the applicant executor has evidence to prove that he has the following circumstances at the same time, and the people's court considers that it meets the provisions of the third paragraph of Article 204 of the Criminal Procedure Law, it shall initiate a case of private prosecution for trial: (1) If a person who has the obligation to execute refuses to execute a judgment or ruling and infringes on the personal and property rights of the applicant executor, he shall be investigated for criminal responsibility according to law; (2) The applicant for execution has filed a complaint, but the public security organ or the people's procuratorate does not pursue the criminal responsibility of the person who has the obligation to execute.