The difference between public prosecution and private prosecution

There are three differences between public prosecution and private prosecution: definition, prosecution subject and prosecution conditions. In private prosecution, the victim files a lawsuit directly with the court, and the litigation process requires a clear defendant and litigation claims. In public prosecution cases, if the procuratorate files a lawsuit with the People's Court and there is sufficient evidence of the criminal facts of the crime, the criminal liability shall be held against the criminal.

Legal analysis: The scope of private prosecution cases is as follows:

(1) Inform the handling situation;

(2) Minor criminal cases proved by the victim;

(3) Cases in which the victim has evidence proving that the defendant has violated his personal or property rights and should be held criminally responsible in accordance with the law, but the public security organ or the People's Procuratorate will not hold the defendant criminally responsible.

There are eight types of cases in which public prosecutions are transferred to private prosecutions:

(1) cases of intentional injury; (2) cases of illegal intrusion into residences; (3) cases of infringement of freedom of communication; (4) ) bigamy cases; (5) abandonment cases; (6) cases of production and sale of counterfeit and inferior goods, except those that seriously endanger social order and national interests; (7) cases of infringement of intellectual property rights, except those that seriously endanger social order and national interests; (8) Cases in which the defendant can be sentenced to fixed-term imprisonment of not more than three years as stipulated in Chapter 4 of the Criminal Law and Chapter 5 of Crimes Against Property.

As long as the above eight categories are met and the procuratorate does not initiate a public prosecution, the victim can initiate a private prosecution. If the above circumstances are exceeded, the victim cannot file a private prosecution. Even if there is, the court will dismiss the victim's claim. Whether it is a private prosecution case or a public prosecution case, professional litigation lawyers are needed to initiate proceedings for the prosecutor. The litigation process focuses on the authenticity and validity of evidence, compliance with legal procedures, and clear litigation claims and litigants. When hearing litigation cases, the court should promptly and accurately verify these key points and accept them if they meet the circumstances.

Legal basis: According to Article 112 of the Criminal Procedure Law, it refers to a lawsuit directly initiated by the victim, the victim's legal representative, and close relatives to pursue the criminal liability of the defendant. Private prosecution cases are the symmetry of "public prosecution cases". In China, courts at all levels make prosecution a prerequisite for trial. If no party files a lawsuit in court, there will be no trial. The court hears criminal cases, which are divided into public prosecutions and private prosecutions. In public prosecution cases, the People's Procuratorate files a lawsuit in the People's Court on behalf of the state; in private prosecution cases, the victim himself or his legal representative or close relatives directly files a lawsuit in the People's Court.