Criminal cases are divided into private prosecution cases and public prosecution cases. Criminal prosecution cases are prosecuted by the procuratorate on behalf of the state and require the court to investigate the criminal responsibility of criminals. So the plaintiff in a criminal case is the procuratorate. Only the procuratorate has the right to decide whether to prosecute, those who have prosecuted have the right to decide whether to withdraw the lawsuit, and those who are dissatisfied with the court's decision have the right to decide whether to appeal. Neither the victim nor the government has these rights. Because the prosecution of the procuratorate represents the country, the prosecutor who appears in court is called the prosecutor and the suspect is called the defendant. The judge is in the middle to reflect the neutrality of the trial. Prosecutors and defense lawyers live on opposite sides of the bench. The role of the public prosecutor in the court is to accuse the crime and accuse the defendant of guilt. The defender expressed his opinions on the defendant in court, defending his innocence or leniency.
Criminal prosecution of traffic accident crime means that traffic accident crime has been characterized as a criminal case and needs to be prosecuted by procuratorial organs. A criminal case refers to a case in which a criminal suspect or defendant is accused of violating social relations protected by relevant laws and is investigated, tried and given criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) by the state. ) in order to investigate the criminal responsibility of criminal suspects or defendants. Civil cases generally follow the principle of non-litigation, that is, the parties do not take the initiative to raise it with the state judicial organs, and the state judicial organs generally do not intervene in disputes between the parties. In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people. The constitutive elements of a criminal case are: the time of committing a crime; Elements of criminal space; Elements of persons involved in the case; Elements of behavior related to the case; Elements related to the case. Generally speaking, it has the following characteristics: (1) The external performance is in the form of direct infringement; Most cases have obvious crime scenes; The causal connection of the case is complex and diverse; The formation of the case is staged and sudden.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 169 All cases requiring public prosecution shall be examined and decided by the People's Procuratorate.
Article 172 The People's Procuratorate shall make a decision on a case transferred for prosecution by a supervisory organ or a public security organ within one month. For major and complicated cases, it may be extended for fifteen days. If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.