Criminal Private Prosecution Criminal private prosecution, according to the provisions of Article 1 12 of the Criminal Procedure Law, refers to a lawsuit brought directly to the people's court by the victim, his legal representative and his near relatives in order to investigate the criminal responsibility of the defendant. Private prosecution case is the symmetry of "public prosecution case". In China, courts at all levels regard prosecution as a prerequisite for trial. If no party brings a lawsuit to the court, there will be no trial. The court hears criminal cases, which are divided into public prosecution and private prosecution. In a case of public prosecution, the people's procuratorate brings a lawsuit to the people's court on behalf of the state; A case of private prosecution shall be brought directly to the people's court by the victim himself or his legal representative or close relatives. Characteristics A criminal private prosecution case has the following characteristics: 1. The victim or his legal representative directly brings a lawsuit to the people's court without going through the public security and procuratorial organs. 2. In the process of court hearing, mediation is applied. Before the court makes a judgment, the plaintiff can reconcile with the defendant or withdraw the lawsuit. 3. During the trial of a private prosecution case, the defendant may file a counterclaim. The so-called counterclaim means that the defendant, as the victim, accuses the private prosecutor of committing a criminal act related to this case and requests the people's court to try it. 4. If the private prosecutor (whether as the victim or his legal representative) refuses to accept the judgment of first instance, he has the right to appeal to the people's court at the next higher level. Those who are dissatisfied with the effective judgment or ruling have the right to lodge a complaint. A procedural private prosecutor shall submit a criminal private prosecution to the people's court. Where an incidental civil action is filed, a private prosecution in criminal incidental civil action shall also be submitted. If it is really difficult for a private prosecutor to write a private prosecution, he can inform him orally, and the staff of the people's court will make a written notice and read it to the private prosecutor. Upon confirmation, the private prosecutor shall sign or seal it. According to the Supreme People's Court's application
Legal objectivity:
Criminal Private Prosecution Criminal private prosecution, according to the provisions of Article 1 12 of the Criminal Procedure Law, refers to a lawsuit brought directly to the people's court by the victim, his legal representative and his near relatives in order to investigate the criminal responsibility of the defendant. Private prosecution case is the symmetry of "public prosecution case". In China, courts at all levels regard prosecution as the premise of trial. If no party brings a lawsuit to the court, there will be no trial. The court hears criminal cases, including public prosecution and private prosecution. In a case of public prosecution, the people's procuratorate brings a lawsuit to the people's court on behalf of the state; A case of private prosecution shall be brought directly to the people's court by the victim himself or his legal representative or close relatives. Characteristics of criminal private prosecution A criminal private prosecution case has the following characteristics: 1. The victim or his legal representative directly brings a lawsuit to the people's court without going through the public security and procuratorial organs. 2. In the process of court hearing, mediation is applied. Before the court makes a judgment, the plaintiff can reconcile with the defendant or withdraw the lawsuit. 3. During the trial of a private prosecution case, the defendant may file a counterclaim. The so-called counterclaim means that the defendant, as the victim, accuses the private prosecutor of committing a criminal act related to this case and requests the people's court to try it. 4. If the private prosecutor (whether as the victim or his legal representative) refuses to accept the judgment of first instance, he has the right to appeal to the people's court at the next higher level. Those who are dissatisfied with the effective judgment or ruling have the right to lodge a complaint.