At the time of private prosecution, the victim or his legal representative, near relative or agent ad litem may directly appeal to the people's court with jurisdiction in writing or orally within the statutory limitation period. Private prosecution is generally in written form, that is, criminal private prosecution should be filed and submitted to the court. However, if the private prosecutor does have difficulty in writing a private prosecution, he can inform him orally, and the staff of the people's court will make a written notice and read it out to the private prosecutor. Upon confirmation, the private prosecutor shall sign or seal it. The parties to a criminal case of private prosecution shall meet the following conditions when making a request for private prosecution to the people's court: (1) The case belongs to the scope of private prosecution. That is, according to the law, it is necessary to inform the case before handling it; Minor criminal cases that the victim has evidence to prove; If the victim has evidence to prove that the defendant has violated his personal and property rights, he shall be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate shall not investigate the criminal responsibility of the defendant. (2) A public prosecutor refers to a person who has the right of private prosecution or the right to sue on behalf of a private prosecutor according to the law, that is, the victim or his legal representative. (3) Being under the jurisdiction of the sued people's court. In other words, according to the provisions of the Criminal Procedure Law on trial jurisdiction, criminal private prosecution cases are under the jurisdiction of the accused people's court. (4) There is a clear defendant, specific claims and evidence to prove the defendant's criminal facts at the time of prosecution. (5) The private prosecutor shall submit a criminal private prosecution with clear contents, including: ① the name, sex, age, nationality, native place, birthplace, occupation, work unit and address of the party concerned; (2) Criminal facts, opinions and specific reasons of the defendant; (three) the name and address of the witness and the source, name and quantity of the evidence. If the private prosecutor has difficulty in writing, he may entrust a lawyer to represent him, or inform the receptionist of the people's court orally, and make a written record, which shall be signed and sealed by the private prosecutor. After filing a complaint, the private prosecutor shall, after examination by the people's court, make a handling or ruling according to the following circumstances: if the facts of the crime are clear and the evidence is sufficient, a court session shall be held; In a case of private prosecution lacking criminal evidence, if the private prosecutor cannot provide supplementary evidence, he shall be persuaded to withdraw the private prosecution or make a ruling to dismiss it. The above is what Bian Xiao has compiled for you. For cases of private prosecution, the public security and judicial organs shall not prosecute. Only when the private prosecutor files a private prosecution with the people's court will the parties bear criminal responsibility. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
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Criminal procedure law
Article 1 14
For a case of private prosecution, the victim has the right to bring a lawsuit directly to the people's court. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to bring a lawsuit to the people's court. The people's court shall accept the case according to law.