The expenses of criminal proceedings may include attorney's fees and legal fees, which shall be borne by the party who hired the lawyer and the losing party.
First, how to go to court
On this issue, we must first determine whether to hire a lawyer to represent the lawsuit. If you don't need to hire a lawyer, you need to conduct litigation risk assessment in advance.
1. First of all, you need to confirm who the defendant is (that is, the person or unit you want the other party to bear the liability for compensation). If it is an individual, then you need to print the household registration certificate at the police station where the other person's household registration is located (if the individual can't handle it, the lawyer can print it). If it is a company, then you need to print the basic registration information of the company in the Administration for Industry and Commerce;
Secondly, you should write a civil complaint, stating the facts and reasons, and the basis on which you want the other party to compensate for the loss. Of course, you need to provide written evidence (oral recording/video recording). If you think you can't produce some evidence, apply to the court to collect evidence for you, although it is unlikely;
When you are ready, submit the lawsuit and evidence to the court. If accepted, you will be given a notice of payment, and then you will pay the legal fees with the notice of payment; After paying the fee, it will be deemed that your case has been formally accepted. The court will arrange the date and give you a summons, which will indicate the date, time and place of the trial and the judge.
You should appear in court on time when the court is in session. Being late will leave a bad impression on the judge, and sometimes you will think that you voluntarily give up the lawsuit and will be treated as withdrawing it. The judge's clerk will verify the identity of both parties and then enter the trial stage;
5. Trial stage: The judge will ask you first whether you want the judge to withdraw. If it is confirmed that the judge and the defendant are relatives or other close relatives, then you say you want to withdraw, otherwise you say you don't need it. Then, the official court hearing will be announced, which will let the plaintiff read the indictment first, submit the corresponding evidence after reading it, then let the defendant refute it, and then enter the cross-examination stage of evidence (court investigation). At this time, you must carefully demonstrate the authenticity/relevance/legitimacy of all the evidence of the other party, otherwise it will be bad for you. After the evidence debate, the two sides held a debate stage. Generally, the judge will give both sides two chances to debate, but if the time is prolonged, it is also possible. At the end of the debate, the judge usually asks whether the two sides want to mediate. If both sides agree, the judge will mediate separately first. If the mediation is unsuccessful, the judge will announce an adjournment and decide on another day. After a while, the judge's clerk will inform you to get the verdict.
6. Before the final judgment of the judge, if he thinks that the case may be unfavorable to him, or there are other litigation methods for the same litigation object, or he is not prepared to sue the other party, he may apply to the court for withdrawing the lawsuit and submit an application for withdrawing the lawsuit in civil litigation. Under normal circumstances, the court will ask you to drop the lawsuit and then give you a ruling. You can apply to the presiding judge for a refund of half of the litigation costs with the award.
7. After you get the judgment, if you think the judgment is unfair, you should appeal within the specified time limit from the date of getting the judgment. Then you have to write an appeal and submit it to the trial judge, who will submit it to the court of second instance together with your first-instance materials. What you should remember is that you must pay the appeal fee within the specified time. The appeal fee and the time and method of payment are stated at the end of the judgment, and the court will not inform or remind you again. You can't appeal if you miss it.
If you don't appeal, the other party doesn't appeal, but the other party doesn't want to compensate you for your losses quickly, you need to apply to the court enforcement court for enforcement, and then enter a complicated enforcement process.
Of course, as a professional legal worker, it is more reliable for a lawyer to entrust him with a lawsuit than to file a lawsuit himself. After signing the entrustment contract with the lawyer, the case can be handed over to the lawyer for very professional evaluation and handling.
Second, who will pay for the lawsuit?
1, legal fees (appraisal fees may be incurred)
Generally speaking, the plaintiff pays the legal fees in advance. After the trial, the judgment will share the legal fees according to the responsibility of the original defendant, and the party who completely loses the case will generally be sentenced to bear all the legal fees (appraisal fees).
2. Attorney's fees
The lawyer's fee shall be paid by the party requesting the lawyer. However, in civil and commercial cases, when one party becomes the defendant, if a lawyer is hired to defend it, and the plaintiff wins the case (the law supports one party to repay the necessary expenses paid by the other party for the trial of the case), the plaintiff may be required to pay this fee.