Consequences of losing criminal private prosecution

Legal analysis: if you lose the lawsuit, you will not get compensation, and the defendant will not bear legal responsibility. You need to bear the litigation costs and the adverse consequences of your claim not being realized. The general reason is that it is difficult for private prosecutors to obtain evidence and prove it. The basic principle of the people's court in handling criminal cases is that the facts are clear and the evidence is true and sufficient. Clear facts mean that the court must have sufficient and objective basis to determine the facts of the case. In criminal private prosecution cases, the private prosecutor accuses the defendant of being guilty, and must provide relevant evidence to prove it, otherwise it will bear the adverse consequences of losing the case.

Legal basis: Article 170 of the Criminal Procedure Law The cases of private prosecution directly accepted by the court include:

(a) inform the handling situation. This kind of case refers to the case that the victim or his legal representative brings a lawsuit to the court before the court accepts it. Such cases include insult, slander, interference with freedom of marriage and embezzlement of public funds. In this case, the law gives the victim the right to sue the offender. Whether to bring a lawsuit to the court depends entirely on the will of the victim, and the state does not actively intervene. It is considered that this kind of case is less harmful to society. 97. The Criminal Law classifies corruption cases as cases that can only be handled after a complaint. It also takes into account that victims have the right to actually dispose of their own property and have the right to decide whether to prosecute or investigate the property encroached by others.

(2) Minor criminal cases proved by the victim.

There are two conditions that constitute this kind of private prosecution case: first, the victim needs evidence to prove the defendant guilty. This condition shows that, on the one hand, a case of private prosecution is a criminal act that directly infringes on the victim's personal rights and property rights, so the subject of prosecution is the object directly infringed by criminal acts in principle, that is, the victim directly files a lawsuit with the court. On the one hand, when exercising the right of private prosecution, the victim should fulfill the burden of proof and provide evidence to prove that the defendant is guilty, and should be investigated for criminal responsibility according to law. Second, from the nature of the case, it is a minor criminal case. The so-called minor crime should mean that the nature of the crime is not serious, the circumstances and consequences are not serious, and the social impact is not great. In other words, it is necessary to comprehensively determine whether it is a minor criminal case from the aspects of nature, plot, consequences and social impact, and not just from the consequences.