Legal analysis
Private prosecution cases need to be prosecuted in court. But after all, the defendant is also suspected of a criminal offence, and the judicial organ itself will punish the criminal suspect suspected of a criminal offence according to law. Therefore, it is impossible to collect legal fees from the victims. But whether it is a public prosecution case or a private prosecution case, the lawyer's fee is borne by himself. The main factors considered in attorney fees are: 65,438+0, working hours spent; 2, the difficulty of legal affairs; 3. The number of lawyers required to handle legal affairs and the professional ability of lawyers; 4, the client's affordability and local social and economic development; 5. Risks and responsibilities that lawyers may bear. After examining a case of private prosecution, the people's court shall handle it according to the following circumstances: (1) A case with clear criminal facts and sufficient evidence shall be heard in court; (2) In a case of private prosecution lacking criminal evidence, if the private prosecutor cannot provide supplementary evidence, he shall persuade the private prosecutor to withdraw the private prosecution or make a ruling to dismiss it. If the private prosecutor refuses to appear in court without justifiable reasons after being summoned twice according to law, or withdraws from court without the permission of the court, it shall be treated as withdrawal.
legal ground
Article 210 of the Criminal Procedure Law of People's Republic of China (PRC) includes the following situations: (1) A case that was handled only after being informed; (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.