1. What are the procedures and fees for criminal prosecution?
There is no charge for prosecution in criminal cases, and the prosecution process of criminal private prosecution cases is as follows:
Generally, a criminal case cannot be prosecuted by the victim in court, unless it is a private prosecution case. The prosecution process of private prosecution cases is as follows:
1, file a private prosecution. The victim or his legal representative, near relative or agent ad litem may, within the statutory time limit for prosecution, directly bring a suit in a people's court with jurisdiction in writing or orally.
The legal representative refers to the client's parents, guardians and representatives of the organs and organizations responsible for protection. Close relatives refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. An agent ad litem usually refers to a lawyer.
2, determine the prosecution court. Criminal private prosecution usually takes priority to the court where the crime occurred, but it can also be brought to the court where the defendant (criminal suspect) has his domicile or habitual residence.
3. Prepare prosecution materials. When a criminal case of private prosecution is brought to court, the following materials need to be prepared:
(1) Criminal private prosecution.
A private prosecution or complaint shall include the following contents:
1 Name, gender, age, nationality, birthplace, education level, occupation, work unit and address of the private prosecutor, defendant and agent;
The time, place, means, circumstances and harmful consequences of the defendant's criminal behavior;
3. Specific claims;
4. The name and specific time of the people's court;
The names and addresses of witnesses and the names and sources of other evidence.
(2) identification materials. For example, a copy of the victim's ID card.
(3) evidence. Such as the relevant evidence of the victim's injury or the report materials of the public security organ and forensic identification, such as the proof that the public security organ or the procuratorial organ will not pursue the criminal responsibility of the defendant, and the proof that his person and property have been infringed.
4. The people's court shall make a decision on whether to file a case within 15 days from the second day after receiving the private prosecution or oral notice, and notify the private prosecutor or the prosecutor in writing. For a case of private prosecution that has been put on file and lacks criminal evidence after examination, if the private prosecutor cannot provide supplementary evidence, he shall persuade the private prosecutor to withdraw the prosecution or make a ruling to dismiss the prosecution. However, if the private prosecutor puts forward new evidence that is enough to prove the defendant guilty and re-charges, the people's court shall adopt it.
Second, what is the scope of criminal private prosecution cases?
Criminal Procedure Law of the People's Republic of China
210th cases of private prosecution include the following cases:
(a) inform the handling situation;
(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.
Article 211 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.
In the course of court hearing, if the judges have doubts about the evidence and need to investigate and verify it, the provisions of Article 196 of this Law shall apply.
Article 2 12
The people's court may mediate a case of private prosecution; Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. Mediation is not applicable to cases specified in Item 3 of Article 210 of this Law.
The time limit for the people's court to hear a case of private prosecution, and if the defendant is detained, the provisions of paragraphs 1 and 2 of Article 208th of this Law shall apply; Those who are not in custody shall be sentenced within six months after accepting the case.
Article 213 A defendant in a case of private prosecution may file a counterclaim against the private prosecutor during the proceedings. Counterclaim is subject to the provisions of private prosecution.
The legal nature of criminal cases and civil disputes is completely different. Except for private prosecution cases, public prosecution cases do not require the victim to go to court at all. Moreover, even in cases of private prosecution, the social impact is very bad, and the people's courts cannot charge legal fees.