1, the concept of different
Prosecution: is a lawsuit to the court, requesting the court to try a particular case.
Prosecution: is the procuratorial organs of the investigative organs (investigative organs) of the end of the investigation (investigation), transferred to the examination and prosecution of the case, according to the law of the authority to review, decide to the people's court to bring a public prosecution, appear in court to support the public prosecution, the review of the criminal judgment, or according to the law to decide not to prosecute the litigation activities.
2, different groups
Prosecution: applicable to civil, administrative and criminal cases of private prosecution, the main body of the prosecution is an individual, judges and other organizations.
Public Prosecution:Specialized in criminal cases, the Prosecutor's Office on behalf of the State to bring a lawsuit, so it is called public prosecution, on behalf of the public.
3, the source of the case is different
Public Prosecution:The case is brought by the state public prosecution organs that is the people's procuratorate.
Prosecution:The case is brought directly to the people's court by a citizen or individual who has been victimized by a criminal act or by his legal representative, guardian or close relative.
4, the severity of the penalty punishment is different
Prosecution:The penalty punishment is generally less than three years of imprisonment, detention or control.
Prosecution: the penalty can be more than ten years of imprisonment, life imprisonment until the death penalty.
Conditions for instituting public prosecution
According to Article 141 of the Criminal Procedure Law, when a people's procuratorate institutes public prosecution, it must have the following conditions:
The facts of the crime of the criminal suspect have been clarified. The facts of the crime are the basis for the correct conviction and punishment of the suspect, and only when the facts of the crime have been ascertained can the conviction and punishment be correct. Therefore, the people's procuratorate prosecution, must first find out the suspect's criminal facts. Here the "criminal facts", refers to the criminal facts affecting the conviction and sentence, including: to determine the suspect's behavior is a crime, rather than a general violation of the facts. Determine whether the suspect is criminally liable or exempt from criminal responsibility. For example, the subjective state of the suspect (including intent, negligence, motive and purpose), the suspect's age and mental state. Determine the facts that the suspect should be mitigated, minimized or severely punished. Finding out all the above facts meets the condition that the facts of the suspect's crime have been found out.
In practice, in terms of specific cases, with one of the following circumstances, it can be confirmed that the facts of the crime have been clarified: belong to the case of a single crime, and the facts related to the conviction and punishment have been clarified, does not affect the facts of the conviction and punishment can not be clarified; belong to the case of several crimes, some of the crimes have been clarified and in line with the conditions of the prosecution, and the other crimes can not be clarified; can not be clarified the tools of the crime, Where it is impossible to find out the whereabouts of the tools and stolen goods, but there is other evidence sufficient to convict the defendant and sentence him; where the main circumstances of the verbal evidence are consistent, and only the individual circumstances are inconsistent and do not affect the conviction. For those who meet the above situation (2), they should be prosecuted for the crimes that have been found out. Therefore, for those facts that do not affect the conviction and sentence, it is not necessary to find out, the judicial practice of the kind of investigation of all the facts of the case before prosecution is not desirable.
Evidence is true and sufficient. Evidence is the objective basis for determining the facts of the crime. Therefore, the people's procuratorate accuses the criminal suspect of committing a crime, there must be solid and sufficient evidence. Evidence is indeed, is the quality of the evidence requirements, refers to the evidence used to prove the facts of each must be objective and real facts, but also with the facts of the crime has an intrinsic link, can prove the truth of the case. Sufficiency of evidence, is the quantity of evidence requirements, as long as a certain amount of evidence is sufficient to prove the facts of the crime, the sufficiency of evidence requirements have been met.
Evidence is indeed and sufficient is interlinked, inseparable aspects, the evidence must be sufficient evidence as a condition, if the evidence is not sufficient, the evidence is indeed can not be achieved; Conversely, if the evidence is not true, and the evidence is sufficient, can not prove that the case is true. Therefore, the evidence is true and sufficient is a necessary condition for prosecution.
Criminal responsibility shall be pursued in accordance with the law. In accordance with the provisions of the law, the suspect has committed a crime, not necessarily be held criminally responsible. According to the relevant provisions of the criminal law, the criminal procedure law, some of the criminal behavior of the law as not to be held criminally responsible for the situation. Therefore, the decision to prosecute a suspect must also exclude the circumstances in which criminal responsibility is not legally enforceable. According to the law should be held criminally responsible for criminal suspects, it becomes another necessary condition for the prosecution.
The decision to prosecute a suspect must be accompanied by the above three conditions, the lack of any of these three conditions, the suspect can not be prosecuted.
What is the time limit for the examination of a public prosecution case
The people's procuratorate shall make a decision within one month on cases referred to it by the public security organs for prosecution, and may extend the time limit by half a month in major and complex cases.
When a people's procuratorate reviews a case for prosecution and changes its jurisdiction, the time limit for reviewing and prosecuting the case shall be calculated from the date the changed people's procuratorate receives the case.
Usually public prosecution cases are investigated by the public security organs, after the investigation is completed in accordance with the prescribed procedures to the procuratorate for prosecution. At this point, the procuratorate is generally within a month to make a decision on whether to prosecute.
The concepts of the two, the groups to which they apply, the source of the case, and the severity of the punishment are all different.
I hope the above can help you, if there are still questions please consult a professional lawyer.
Legal basis:
Article 176 of the Criminal Procedure Law of the People's Republic of China
The people's procuratorate considers that the facts of the suspect's crime have been investigated, and the evidence is true and sufficient, and that he should be held criminally liable according to law, it shall make a decision on the indictment, and, in accordance with the provisions of the jurisdiction of the trial, file a public prosecution in the People's Court, and transfer the materials of the case file and the evidence to the people's court. The materials and evidence in the case file shall be transferred to the people's court. Criminal suspects plead guilty to punishment, the people's procuratorate shall be the main sentence, additional sentence, whether to apply probation and other sentencing recommendations, and with the case transferred to the guilty plea and punishment of the material.