First, understand the treatment results and reasons
The victim of a public prosecution case should first carefully understand the handling result of the procuratorate and its reasons. This includes the indictment of the procuratorate, the decision not to prosecute or other relevant legal documents, as well as the determination of the facts and evidence of the case by the procuratorate, the characterization of the criminal suspect's behavior and the legal application.
Second, apply for reconsideration or review.
If the victim refuses to accept the handling result of the procuratorate, he may apply to the procuratorate that made the decision for reconsideration or to the procuratorate at the next higher level for review. When applying, it shall provide sufficient reasons and basis to explain that the processing results of the procuratorate are wrong or improper.
Third, seek the help of a lawyer
Victims can seek the help of professional lawyers, who can provide professional legal advice and agency services for victims. Lawyers can help the victim analyze the facts and evidence of the case, evaluate the possibility of applying for reconsideration or review, and assist the victim in preparing relevant materials and evidence.
Four. Bring a lawsuit or private prosecution
If the victim thinks that the handling result of the procuratorate is seriously wrong or obviously improper, he may also file a complaint or private prosecution with the people's court at the same level or at a higher level. When filing a complaint or private prosecution, the victim needs to prepare enough evidence and reasons to support his claim.
Verb (abbreviation of verb) participates in criminal proceedings.
In criminal proceedings, the victim may also participate in the trial as a witness or victim and present the facts and opinions of the case to the court. Victims can question and refute the results of the procuratorate through court proceedings to safeguard their legitimate rights and interests.
To sum up:
When the victim of a public prosecution case refuses to accept the result of the procuratorate's handling, he can safeguard his rights and interests by applying for reconsideration or review, seeking the help of a lawyer, filing a complaint or private prosecution, and participating in criminal proceedings. In the whole process, the victim should remain calm and rational, protect rights according to law, and avoid taking excessive actions or improper means.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 182 stipulates:
If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.
Criminal Procedure Law of the People's Republic of China
Article 229 stipulates that:
If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to appeal to the people's court at the next higher level within five days after receiving the judgment. Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
Organization Law of People's Republic of China (PRC) People's Procuratorate
Article 2 1 stipulates that:
In exercising the power of legal supervision, the people's procuratorate shall lodge a protest, correct opinions or procuratorial suggestions in accordance with the provisions if it finds illegal acts in criminal proceedings, civil proceedings or administrative proceedings, or if the judgment or ruling is indeed wrong.