The time for public security organs to handle criminal cases of private prosecution is symmetrical, which means that the victim or his legal representative or close relatives bring a lawsuit to the people's court to investigate the criminal responsibility of the defendant, and the case is directly accepted by the people's court. Lawyer Hua Law. Answer: Minor injury cases can be prosecuted directly to the court. You'd better urge the public security organs first. If they don't handle it for a long time and don't transfer the case to the procuratorate for prosecution, they will go to the court to file a criminal private prosecution. The public security organ transferred the case to the procuratorate, and the procuratorate filed a lawsuit in the court. It is a public prosecution case, which seems to be stronger than a personal criminal private prosecution. According to the provisions of the Criminal Law, private criminal prosecution can be initiated within five years from the time of injury, but generally, civil actions incidental to criminal proceedings are initiated, and the defendant is also required to compensate for economic losses. Civil compensation has a one-year statute of limitations, so it should be filed within one year. The court does not charge legal fees for bringing a criminal incidental civil private prosecution to court. Read the full article >> Can a criminal case be dismissed? Private prosecution is the symmetry of public prosecution, which means that the victim or his legal representative or close relatives bring a lawsuit to the people's court to investigate the criminal responsibility of the defendant and the case is directly accepted by the people's court. Lawyer Hua Law. Com reply: The police station only files a case for investigation. During the investigation, if the facts are unclear or the evidence is insufficient, the police station will stop the investigation. The investigation of public security organs is a state act, not a private act, which can not be solved by private people who want to mediate, and private people are not allowed to interfere. For criminal cases of private prosecution, Article 172 of China's Criminal Procedure Law stipulates that "mediation can be conducted, and the private prosecutor can reconcile with the defendant or withdraw the private prosecution before sentencing." However, if it is a case where the victim has evidence to prove that the defendant should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the defendant's criminal responsibility, mediation is not applicable. Private prosecution is the symmetry of public prosecution, which means that the victim or his legal representative or close relatives bring a lawsuit to the people's court to investigate the criminal responsibility of the defendant and the case is directly accepted by the people's court. Lawyer Hua Law. For minor criminal cases such as intentional injury cases (minor injuries), both private prosecution and public prosecution can be initiated. The condition for private prosecution is that the victim or legal representative has evidence to prove it. If the people's court considers that there is insufficient evidence in a case of private prosecution, it may persuade the private prosecutor to withdraw the private prosecution or make a ruling to dismiss the prosecution. The Provisions on Several Issues in the Implementation of the Criminal Procedure Law clearly requires that if the people's court considers that the evidence is insufficient and the public security organ can accept it, it shall transfer it to the public security organ for investigation. According to the spirit of the Criminal Procedure Law, if the public security organ considers that the criminal suspect should be investigated for criminal responsibility in a case that has been investigated, its handling method is limited to transferring the case to the people's procuratorate for examination and decision to prosecute. > > in criminal cases, civil private prosecution is the symmetry of public prosecution, which means that the victim or his legal representative or close relatives bring a lawsuit to the people's court to investigate the criminal responsibility of the defendant and the case is directly accepted by the people's court. Lawyer Hua Law. Reply: Intentional injury (serious injury) has constituted a criminal offence. If the case constitutes a crime, the procuratorate shall initiate a public prosecution and investigate its criminal responsibility. It's not your turn to choose. It must be asking the procuratorate to prosecute, and then asking for criminal incidental civil compensation. Only when the intentional injury constitutes a minor injury and the procuratorial organ does not file a case, the victim can file a criminal private prosecution, or can file a civil compensation directly without filing a criminal private prosecution. At this time, the victim has the right to choose. Read the full text >>
Seeking adoption is a satisfactory answer.