Plaintiff in a criminal case:
1. Most cases are criminal acts investigated by the state, and the prosecution organ is the procuratorate. This kind of case is public prosecution, and the procuratorate is the plaintiff.
2. There is also a case called private prosecution, which requires the injured party to bring a lawsuit to the court. There are three main types of this situation:
(1) "Individual complaint cases" handled only by individual prosecution: insult, slander, violent interference with freedom of marriage, abuse and corruption.
If the victim is unable to bring a private prosecution because of coercion, death threat, loss of capacity for civil conduct, or because of old age, illness, blindness, deafness, the court shall accept the lawsuit brought by his legal representative or close relatives or the lawsuit on his behalf.
(2) Cases that can be prosecuted or prosecuted are generally minor criminal cases in which the procuratorate has not prosecuted, but the victim has evidence to prove that he may be sentenced to fixed-term imprisonment of less than three years: bigamy, abandonment, infringement of freedom of communication, production and sale of fake and inferior commodities, infringement of intellectual property rights, illegal intrusion into houses, intentional injury and minor injury.
(3) Cases in which public prosecution is transferred to private prosecution: the victim has evidence to prove that the defendant violated his personal and property rights, which has constituted a crime and should be investigated for criminal responsibility according to law; And there is evidence that a complaint has been filed, the public security or procuratorate will not pursue the criminal responsibility of the defendant.
Most criminal cases are public prosecution cases and cannot be reconciled. If the settlement is reached, it will have no legal effect, because the public prosecution case was brought to the court by the people's procuratorate, but the civil part of the settlement agreement is valid. The two sides can reach an agreement on civil compensation, and the criminal victims have no right to ask the judicial organs to dismiss the case. Those who actively compensate the victim and obtain the victim's understanding may be given a lighter punishment when sentencing.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 61 A party or legal representative may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.