Criminal cases are divided into private prosecution cases and public prosecution cases. Criminal prosecution cases are prosecuted by the procuratorate on behalf of the state and require the court to investigate the criminal responsibility of criminals. So the plaintiff in a criminal case is the procuratorate. Only the procuratorate has the right to decide whether to prosecute, those who have prosecuted have the right to decide whether to withdraw the lawsuit, and those who are dissatisfied with the court's decision have the right to decide whether to appeal. Neither the victim nor the government has these rights. Because the prosecution of the procuratorate represents the country, the prosecutor who appears in court is called the prosecutor and the suspect is called the defendant. The legal status of the parties can also be seen from the setting of the court. The judge is in the middle to reflect the neutrality of the trial. Prosecutors and defense lawyers live on opposite sides of the bench. The role of the public prosecutor in the court is to accuse the crime and accuse the defendant of guilt. The defender expressed his opinions on the defendant in court, defending his innocence or leniency.
Legal objectivity:
Article 113 of the Criminal Procedure Law: If the people's procuratorate thinks that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does not file a case for investigation, the people's procuratorate shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice. Article 172 The People's Procuratorate shall make a decision on a case transferred for prosecution by a supervisory organ or a public security organ within one month. For major and complicated cases, it may be extended for fifteen days. If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case. Article 188 The people's courts shall hear cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public; Cases involving commercial secrets may be heard in private upon the application of the parties. For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.