Criminal cases are divided into private prosecution cases and public prosecution cases. In criminal prosecution cases, the procuratorate initiates public prosecutions on behalf of the state and requests the court to hold criminals accountable. Therefore, the plaintiff in a criminal case is the Procuratorate. Only the procuratorate has the right to decide whether to prosecute, those who have already prosecuted have the right to decide whether to withdraw the case, and those who are dissatisfied with the court's decision have the right to decide whether to appeal. Neither the victims nor the government have these powers. Because the procuratorate represents the state when prosecuting, the prosecutor who appears in court is called the prosecutor, and the suspect is called the defendant. The legal status of the parties can also be seen from the setup of the court. The judge is in the middle to reflect the neutrality of the trial. Prosecutors and defense attorneys live on opposite sides of the bench, opposing each other. The role of the prosecutor in court is to accuse the defendant of a crime and to accuse the defendant of guilt and guilt. The defender expresses his opinion on the defendant in court and pleads his innocence or gives him a lighter sentence.
Legal objectivity:
(1) Unless otherwise provided by law, all other criminal cases shall be filed and investigated by the public security organs. Other provisions of the law also include: (1) private prosecution cases that do not require investigation directly accepted by the People's Court; (2) cases directly filed for investigation by the People's Procuratorate; (3) internal military criminal cases investigated and handled by the military security department; (4) national Espionage cases filed for investigation by security agencies; (5) Cases filed for investigation by criminals in prisons. (2) Cases directly accepted by the People’s Procuratorate1. Corruption and bribery. 2. The crime of dereliction of duty by state functionaries. 3. The following criminal cases that infringe upon the personal rights and democratic rights of citizens committed by staff of state agencies taking advantage of their powers: Other major criminal cases committed by staff of state agencies who take advantage of their powers and need to be directly accepted by the People's Procuratorate shall be decided by the People's Procuratorate at or above the provincial level , can file a case for investigation. (3) Criminal cases directly accepted by the People's Court Criminal cases directly accepted by the People's Court are also called private prosecution cases, which refer to cases in which the victim, his legal representative, and close relatives directly file a lawsuit with the People's Court in order to pursue the criminal liability of the defendant. . After the People's Court files a case, it will enter the trial stage without going through investigation and prosecution by the public security organs or the People's Procuratorate. According to Article 170 of the Criminal Procedure Law, private prosecution cases include: 1. Cases that are handled only after being informed. 2. The victim has evidence to prove the minor criminal case. 3. Cases in which the victim has evidence proving that the defendant 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 pursue the case.