Is the criminal incidental civil action prosecuted by the procuratorate or the victim?

When a criminal case is prosecuted, the procuratorate will notify the victim or his family, and the victim or his family can directly submit an incidental civil complaint to the judge. In other words, the public prosecution of the procuratorate only involves criminal issues, and will not help you deal with civil issues, or you need the victims or their families to do some work themselves.

Legal analysis

For ordinary cases, the procuratorate is only responsible for prosecuting the criminal part, and the incidental civil action should be filed by the victim himself. Of course, when the case is examined and prosecuted by the procuratorate, the incidental civil complaint can be handed over to the public prosecution section of the procuratorate, and the people of the procuratorate will submit it to the court on their behalf; If the case has reached the court, the victim shall submit an incidental civil complaint to the court filing room. Of course, the above submission method is not called private prosecution. Private prosecution means that the victim files a criminal lawsuit by himself, and the people in the procuratorate do not file a public prosecution at the same time. In some cases, the procuratorate may file an incidental civil action at the same time as criminal proceedings. If the state or collective property suffers losses and the relevant units do not file an incidental civil action, the procuratorate may. Therefore, if the case is being examined and prosecuted by the procuratorate, it shall submit an indictment for criminal incidental civil action to the procuratorate, and the procuratorate shall jointly initiate a public prosecution, and the parties shall not charge legal fees. The parties may also file a separate civil action.

legal ground

Article 77 of the Criminal Procedure Law of People's Republic of China (PRC), a criminal suspect or defendant living under surveillance shall abide by the following provisions: (1) Without the approval of the executing organ, he shall not leave the place where he lives under surveillance; (two) without the approval of the executive organ, shall not meet with others or correspondence; (3) Being present in time when being arraigned; (four) shall not interfere with the testimony of witnesses in any form; (five) shall not destroy or forge evidence or collusion; (six) the passport and other entry and exit documents, identity documents, driving documents to the executive organ for preservation. If a criminal suspect or defendant living under surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; If it is necessary to arrest, the criminal suspect or defendant may be detained first.