First instance procedure of private prosecution case

1. Scope of private prosecution cases (1) Cases handled after being informed: including insult, slander, violent interference with freedom of marriage, abuse and corruption. (2) Minor criminal cases proved by the victim; Including cases of intentional minor injuries, bigamy, obstruction of communication, illegal intrusion into other people's houses, production and sale of fake and inferior commodities, and infringement of intellectual property rights, as well as cases in which the defendant can be sentenced to fixed-term imprisonment of not more than three years as stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law. (3) If the victim has evidence to prove that the defendant has violated his personal and property rights, he shall be investigated for criminal responsibility. The public security organ or procuratorate shall not pursue the criminal responsibility of the defendant. 2. Initiation and acceptance of a case of private prosecution The private prosecutor shall submit a criminal private prosecution to the court, and if there is an incidental civil action, a criminal incidental civil private prosecution shall be submitted. The court shall carefully examine cases of private prosecution, and accept cases with clear criminal facts and sufficient evidence directly. If it does not meet the conditions for filing a case, it shall notify the private prosecutor to withdraw the case and explain the reasons. If the private prosecutor insists on informing the case, the court shall make a ruling of rejection, and the private prosecutor may appeal against the rejection decision. After being persuaded to withdraw the prosecution or be dismissed, the private prosecutor puts forward new evidence sufficient to prove the defendant's guilt, which can be accepted. If the private prosecutor refuses to appear in court without justifiable reasons after being summoned twice according to law, or withdraws from court without the permission of the court, the prosecution shall be dismissed. 3. The characteristics of the trial of private prosecution cases (1) can apply summary procedure. (2) Self-reconciliation and withdrawal of private prosecution are possible, but mediation is not applicable to cases stipulated in Item 3 of Article 170 of the Criminal Procedure Law. (3) The defendant may file a counterclaim against the private prosecutor. Counterclaim is subject to the provisions of private prosecution. Counterclaim shall meet the following conditions, and the object of counterclaim must be the private prosecutor in this case; The content of counterclaim must be a criminal act related to this case; Counterclaim cases must be directly accepted by the court. In addition, the original private prosecutor withdrew the lawsuit. Does not affect the continued trial of counterclaims. The time limit for handling a case of private prosecution is divided into summary procedure and ordinary procedure. See the relevant provisions of the Criminal Procedure Law. Article 4 of the Notice clearly stipulates: "If a party only refuses to accept the road traffic accident liability determination and disability assessment made by the public security organ and brings an administrative lawsuit or a civil lawsuit to the people's court, the people's court will not accept it." As we all know, the main purpose of the first-instance procedure is to find out the facts of the case and make a reasonable judgment. Among them, the first-instance procedures of public prosecution cases and private prosecution cases are slightly different, so we can refer to different procedures according to our actual situation.