What is the private prosecution procedure of the crime of refusing to execute the judgment and ruling in Anhui Province? 1. What is the private prosecution procedure of the crime of refusing to execut
What is the private prosecution procedure of the crime of refusing to execute the judgment and ruling in Anhui Province? 1. What is the private prosecution procedure of the crime of refusing to execute the judgment and ruling in Anhui Province? 1. If the victim or his legal representative, near relative and his agent ad litem file a private prosecution, he shall submit a criminal private prosecution. If an incidental civil lawsuit is filed at the same time, a criminal incidental civil lawsuit shall be submitted. (2) The people's court shall make a decision on whether to file a case within 15 days from the date of receiving the private prosecution or oral complaint, and notify the private prosecutor or the prosecutor in writing. In a case of private prosecution that has been put on file for review, if the private prosecutor cannot provide supplementary evidence due to lack of criminal evidence, he shall be persuaded to withdraw the case or not to put on file. However, if the private prosecutor presents new evidence that is sufficient to prove the defendant guilty, the people's court shall accept it. 3. After accepting a case of criminal private prosecution, the court should make good preparations before the trial. Such as serving the defendant with a copy of the indictment or oral defense, determining the date of the court session, summoning the parties, notifying the witnesses, and making an announcement in advance of the public hearing. 4. Cases of private prosecution can be mediated. When trying a case of private prosecution, the court may mediate according to the principle of voluntariness and legality of the parties. If an agreement is reached through mediation, a criminal mediation agreement 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 shall have legal effect once it is signed by both parties. If the mediation fails to reach an agreement, or if the parties renege before the mediation is signed, a judgment shall be made in time. 5. Before the judgment is announced, the private prosecutor may make a settlement with the defendant or withdraw the private prosecution. After the parties reach a settlement, the private prosecutor may apply to withdraw the private prosecution. Where an application for withdrawal is made, the people's court shall generally approve the withdrawal of the private prosecution, record it in the record, and notify the parties to terminate the lawsuit. 6. After the trial, if the court makes a judgment according to law, the parties may appeal. It should be noted that the victim must provide sufficient evidence to file a criminal private prosecution, otherwise the possibility of winning the case is very small. At the same time, criminal prosecution cases also have a statute of limitations. If the limitation of action is exceeded, the victim will lose the right to investigate the criminal responsibility of the offender. If the parties decide to prosecute themselves, in order to ensure a greater probability of winning the case, it is suggested that professional criminal defense lawyers should be consulted first. If you are not familiar with the litigation process and are worried about the odds, it is best to entrust a professional criminal defense lawyer directly to represent the litigation. The first thing to do is to ask a professional criminal defense lawyer to represent the lawsuit. Facts and reasons: the time and place of the defendant's crime, the object of infringement, motivation, purpose, plot, means and the consequences, and the reasons shall specify the facts and legal basis of the defendant's crime. Evidence and its sources, names and addresses of witnesses: main evidence and its sources, names and addresses of witnesses. If the evidence and witness have been stated in the fact part, only the name of the evidence and the detailed address of the witness need to be stated here. _ _ _ _ _ _ _ Private prosecutor of the people's court: attorney: year month day attachment: copy of this complaint _ _ _ _ III. What is the crime of refusing to execute a judgment or ruling (I) The concept of the crime of refusing to execute a judgment or ruling refers to the act of refusing to execute a legally effective judgment or ruling of the people's court, and the circumstances are serious. The object of crime is the normal activity of the people's court. 2. Objectively speaking, this crime is objectively manifested as an act of refusing to implement the effective judgment or ruling of the people's court, and the circumstances are serious. 3. Subject of Crime The subject of this crime is a special subject, mainly referring to the parties who have the obligation to execute the judgment or ruling. Some individuals who have the obligation to assist in the execution of judgments and rulings can also become the subject of this crime. 4. The subjective aspect of this crime is intentional, that is, the actor knowingly refuses to execute the judgment or ruling that has come into effect by the people's court. In fact, the relevant departments of Anhui Province accepted the cases of private prosecution for refusing to commit crimes in accordance with the legal provisions and relevant trial procedures. When the crime of refusing to hold office is tried according to law, the court filing department will first transfer the case to the public security department for filing and investigation, and then transfer it to the court for trial and judgment after the collection of relevant evidence.