The public security organ files a case for investigation, reports it to the people's procuratorate for public prosecution after the evidence is complete, and is finally tried by the court. Once the public security organ files a case for investigation and enters the litigation procedure, it means the intervention of the state public power, which means that the state shall investigate the criminal responsibility for illegal and criminal acts. There is evidence that minor criminal cases are private prosecution cases, and private prosecution cases mainly encourage reconciliation. As long as the plaintiff voluntarily withdraws the charges against the defendant, he does not have to bear legal responsibility. In practice, if it is really a minor injury, as long as a compensation agreement is reached and implemented, it will not be sentenced. Whether it constitutes a crime or not, the severity of sentencing depends on the details of the case, the evidence and the judge's judgment.
Legal basis: Article 288 of the Criminal Procedure Law of People's Republic of China (PRC).
In the following cases of public prosecution, the criminal suspect or defendant sincerely repents and obtains the understanding of the victim by means of compensation for losses, apology, etc. , and the victim voluntarily reconciled, both parties can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.