Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. The prosecution of criminal cases lies in asking the court to convict and sentence the defendant through trial; Bringing a criminal incidental civil action requires the court to investigate the defendant's economic compensation liability through trial.
The prosecuting party must be a citizen or legal person who has the right to sue in a court with jurisdiction at night according to law. In our country, the prosecution of criminal cases mainly refers to the prosecution of the people's procuratorate. Only the victim or his legal representative is told to handle it and other minor criminal cases that do not need to be investigated can private prosecution be filed.
Civil actions incidental to criminal proceedings can be brought by the victim and his legal representative, or by the people's procuratorate and the infringed legal person.
Extended data:
Classification of prosecution
Prosecution in the civil procedure law refers to the litigation behavior that the subject of civil legal relationship requests the court for trial protection in his own name because of the infringement of his own or the civil rights and interests managed and controlled according to law or the dispute with others.
Prosecution in criminal proceedings refers to the litigation activities in which state organs and citizens who have the right to sue bring a lawsuit to the court according to law, requesting the court to hear the contents of the accusation, so as to determine the criminal responsibility of the defendant and impose criminal sanctions according to law.
All kinds of cases tried by people's courts are based on the prosecution of public prosecution organs or parties. If there is no prosecution, the court will not take the initiative to hear any case. If the court accepts the prosecution and agrees to hold a trial, it is called acceptance. The establishment of the prosecution marks the beginning of the litigation trial procedure.
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