First, whether to hire a lawyer for private prosecution cases.
Article 210th 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 criminal private prosecution cases are relatively professional lawsuits, the plaintiffs who generally initiate criminal private prosecution pay more attention to the cases, and the trial and judgment results of the cases 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. Therefore, if the outcome of this case has a great influence on you and you don't know much about law, I suggest that you entrust a professional lawyer to provide you with professional legal services.
Two, cases of private prosecution, should be treated as follows according to different situations:
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.
Generally speaking, the victim himself directly informs the people's court of criminal private prosecution cases, but in this link, the victim is not required to entrust a lawyer, so it is not necessary to hire a lawyer for criminal private prosecution cases. Bian Xiao believes that this time should be considered in combination with the actual situation. If the outcome of this case has a great influence on you and you don't know much about law, I suggest you entrust a professional lawyer to provide you with professional legal services.