1. Can I hire a lawyer for a private prosecution case?
In a case of private prosecution, if economic conditions permit, you can ask a lawyer to represent you, protect your rights from a professional perspective, and protect your legitimate rights and interests to the maximum extent.
Article 204th of the Criminal Procedure Law stipulates that cases of private prosecution include the following cases:
(a) inform the handling situation;
(2) Minor criminal cases proved by the victim;
(3) Cases in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.
Whether it is necessary to hire a lawyer in a private prosecution case should be determined according to the actual situation and the importance of the case to the individual. Because the criminal private prosecution case is a relatively professional litigation behavior, and the plaintiff who usually files a criminal private prosecution attaches great importance to the case, the trial and judgment results of the case will generally have a greater or significant impact on both the original defendant and the defendant. If a professional lawyer helps you, it may be unexpected to safeguard your legitimate rights and interests.
Legal basis:
Article 204 of the Criminal Procedure Law of People's Republic of China (PRC)
Cases of private prosecution include the following cases:
(a) inform the handling situation;
(2) Minor criminal cases proved by the victim;
(3) Cases in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.
Second, what are the different ways to deal with private prosecution cases?
1. If the facts of the crime are clear and the evidence is sufficient, the sentence shall be pronounced within one month from the date of accepting the case, and no later than one and a half months.
2, insufficient evidence of private prosecution cases, if the private prosecutor can't provide supplementary evidence, should persuade the private prosecutor to withdraw, or rejected.
3. If the reported person fails to appear in court without justifiable reasons after being summoned twice according to law, or withdraws from court without the permission of the court, the prosecution shall be dismissed.
4. During the trial, if the judges have doubts about the evidence, they may announce an adjournment to verify the evidence, and may take measures such as inquest, inspection, seizure, appraisal, inquiry and freezing to verify it.
5. The private prosecutor can mediate with the defendant under the auspices of the people's court, or he can reconcile himself or withdraw his private prosecution, but mediation does not apply to self-reported cases in Article 3.
6. The defendant in a case of private prosecution may file a counterclaim against the private prosecutor during the proceedings.
To sum up, whether it is a private prosecution case or a public prosecution case, you can hire a lawyer. Lawyers will defend themselves as long as they are given the corresponding fees. Therefore, when dealing with it, it must be combined with his own actual situation, so as to ensure that the right to win the case will be greater.