Does the prosecution have to be filed in person?

Legal analysis

If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction. There is no need to file a lawsuit in person. When bringing a lawsuit to the court, the complaint, the identity information of both parties (if it is a company, it should have the company's industrial and commercial registration information and organization code certificate) and relevant evidence. If the case is filed as an agent, the power of attorney of the agent and relevant materials shall also be provided (if the lawyer is acting as an agent, a copy of the lawyer's practice license shall be provided).

legal ground

Article 176 of the Criminal Procedure Law of People's Republic of China (PRC), if the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, bring a public prosecution to the people's court in accordance with the provisions of judicial jurisdiction, and transfer the case files and evidence to the people's court.

If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.