1. Can criminal cases be kept private?
1. If a criminal case is a public prosecution case, it cannot be kept private. If it is a private prosecution case, it can be kept private. However, if a person actively compensates the victim and obtains the victim's understanding, he may be given a lighter punishment as appropriate when sentencing. If the crime is minor, the procuratorate may decide not to prosecute.
2. Legal basis: "Criminal Procedure Law"
Article 288: In the following public prosecution cases, the criminal suspect or defendant sincerely repented and compensated the victim for losses, apologized, etc. If the victim's understanding is obtained and the victim voluntarily reconciles, the two parties may reconcile:
(1) Caused by civil disputes and suspected of crimes stipulated in Section 5 of Chapter 4 of the Criminal Law, the person may be sentenced to not more than three years Fixed-term imprisonment;
(2) In cases of dereliction of duty other than crimes of dereliction of duty, the criminal suspect or defendant may be sentenced to fixed-term imprisonment of not more than seven years.
The criminal suspect or defendant has committed a crime intentionally within five years. If there is a criminal record, the procedures stipulated in this chapter are not applicable.
2. What is the time limit for prosecution of criminal cases?
The time limit for prosecution of criminal cases is:
1. If the statutory maximum penalty is fixed-term imprisonment of not more than five years, the penalty shall be five years;
2. If the maximum statutory penalty is fixed-term imprisonment of not less than five years and not more than ten years, the penalty shall be ten years;
3 .
3. If the statutory maximum penalty is fixed-term imprisonment of more than ten years, fifteen years;
4. If the statutory maximum penalty is life imprisonment or death, twenty years.
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Legal basis: "Article 114 of the Criminal Procedure Law"
For private prosecution cases, the victim has the right to file a lawsuit directly with the People's Court. If the victim dies or becomes incapacitated, the victim's legal representative or close relatives have the right to file a lawsuit in the People's Court. The People's Court shall accept the case in accordance with the law.
Article 210
Private prosecution cases include the following cases:
(1) Cases that are handled only upon complaint;
(2) Minor criminal cases in which the victim has evidence to prove;
(3) The victim has evidence to prove that the defendant has violated his personal rights and property rights and should be investigated for criminal responsibility in accordance with the law. The public security organ or the People's Procuratorate will not cases pursued. The People's Procuratorate will not hold the defendant criminally responsible in this case.