What is the procedure for refusing to plead guilty?
1. What is the procedure of refusing to hold the crime? 1. If the victim or his legal representative, close relatives and his agent ad litem file a private prosecution, he shall submit a criminal private prosecution. If an incidental civil action is filed at the same time, a private prosecution of criminal incidental civil action shall be submitted. 2. The people's court shall make a decision on whether to file a case within 15 days from the second day after receiving the private prosecution or oral notice, and notify the private prosecutor or the person taken away in writing. For a case of private prosecution that has been filed and lacks criminal evidence after examination, if the private prosecutor cannot provide supplementary evidence, he shall persuade the private prosecutor to withdraw the prosecution or make a ruling to dismiss the prosecution. However, if the private prosecutor puts forward new evidence that is enough to prove the defendant guilty and re-charges, the people's court shall adopt it. 3. After accepting the case of criminal private prosecution, the court is ready to open a court session. If a copy of the indictment or oral record is served on the defendant, the date of the court session shall be set, the parties shall be summoned, the witnesses shall be notified to appear in court, and the relevant matters shall be announced in advance. 4. Cases of private prosecution can be mediated. When trying cases of private prosecution, the court may conduct mediation on the basis of voluntariness and legality. If an agreement is reached through mediation, a criminal mediation document shall be made, which shall be signed by the judge and the clerk and stamped with the seal of the people's court. The conciliation statement has legal effect after being signed by both parties. If the mediation fails to reach an agreement, or if the parties go back on their word before the signing of the mediation document, a judgment shall be made in time. 5. Before sentencing, the private prosecutor can reconcile with the defendant or withdraw the private prosecution. After the parties reach a settlement, the private prosecutor may apply to withdraw the private prosecution. The people's court shall generally allow the application to withdraw the private prosecution, record it in the record, and notify both parties to terminate the lawsuit. 6. At the end of the trial, the court ruled according to law. If both parties are not satisfied, they can appeal. It should be noted that the victim must provide sufficient evidence when conducting criminal private prosecution, otherwise the possibility of winning the case is very small. At the same time, criminal private prosecution cases also have the limitation of prosecution. If the limitation of prosecution is exceeded, the victim will lose the right to investigate the criminal responsibility of the offender. If the parties decide to prosecute on their own, in order to ensure a greater probability of winning, it is recommended to consult a professional criminal defense lawyer first. If you are worried about the low probability of winning because you are not familiar with the litigation procedure, it is best to entrust a professional criminal defense lawyer to represent you directly. In the subsequent proceedings, the court will hear the evidence of the case and then make a judgment. On the day of judgment, the defendant will be required to attend. If the defendant is not satisfied with the outcome of the case, he can also apply for private prosecution. But it is best to collect evidence before applying for private prosecution, so it is best to ask a lawyer to handle it.