1. Determine the court for prosecution. Criminal private prosecution usually takes priority to the court where the crime occurred, but it can also be brought to the court where the defendant (criminal suspect) has his domicile or habitual residence.
2. Prepare prosecution materials. When a criminal case of private prosecution is brought to court, the following materials need to be prepared:
(1) Criminal private prosecution.
A private prosecution or complaint shall include the following contents:
Names, gender, age, nationality, native place, education level, occupation, work unit and address of the private prosecutor, defendant and prosecutor;
② The time, place, means, circumstances and harmful consequences of the defendant's criminal act;
③ Specific claims;
The name and specific time of the people's court;
The names and addresses of witnesses and the names and sources of other evidence.
(2) identification materials. For example, a copy of the victim's ID card.
(3) evidence. Such as the relevant evidence of the victim's injury or the report materials of the public security organ and forensic identification, such as the proof that the public security organ or the procuratorial organ will not pursue the criminal responsibility of the defendant, and the proof that his person and property have been infringed.
3. file a private prosecution. The victim or his legal representative, near relative or agent ad litem may, within the statutory time limit for prosecution, directly bring a suit in a people's court with jurisdiction in writing or orally. The legal representative refers to the client's parents, guardians and representatives of the organs and organizations responsible for protection. Close relatives refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. An agent ad litem usually refers to a lawyer.
Legal basis:
Article 210th of the Criminal Procedure Law of People's Republic of China (PRC) includes the following situations:
(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.
Derivative problem:
What should be included in the private prosecution or narrative record?
(1) Criminal private prosecution.
Names, gender, age, nationality, native place, education level, occupation, work unit and address of the private prosecutor, defendant and prosecutor;
② The time, place, means, circumstances and harmful consequences of the defendant's criminal act;
③ Specific claims;
The name and specific time of the people's court;
The names and addresses of witnesses and the names and sources of other evidence.
(2) identification materials. For example, a copy of the victim's ID card.
(3) evidence. Such as the relevant evidence of the victim's injury or the report materials of the public security organ and forensic identification, such as the proof that the public security organ or the procuratorial organ will not pursue the criminal responsibility of the defendant, and the proof that his person and property have been infringed.