How to handle criminal prosecution in another place? When a dispute occurs with others and neither party can resolve it on their own, many people will think that prosecution is a means, and prosecution also requires a certain process. Here’s how off-site criminal prosecution works.
How to deal with criminal prosecution in another place 1 1? How to deal with being sued in another place?
If a lawsuit is filed in another place, you can respond in person or entrust an attorney to respond.
1. Collect evidence and actively respond to the lawsuit.
2. The parties concerned have the responsibility to provide evidence for their claims. The People's Court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or that the People's Court deems necessary to hear the case.
3. The People’s Court shall comprehensively and objectively review and verify evidence in accordance with legal procedures.
4. The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt. The defense should state the defendant's name, gender, age, ethnicity, occupation, workplace, residence and contact information;
The name, residence and legal representative or principal person in charge of the legal person or other organization Name, title, contact information. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.
2. How to identify new evidence in civil litigation?
The parties knew that the evidence existed, but did not obtain it because they did not understand its value.
1 is evidence that has objectively existed within the time limit for producing evidence but has not been known and mastered by the parties involved.
2. The parties know the existence of the evidence and have the conditions to obtain it, because they do not know its evidentiary value, but the court has explained the evidence.
3. The parties knew that the evidence existed, but failed to obtain the evidence within the time limit for producing evidence due to objective reasons.
4. It is to refute the other party’s claims or proofs, and to provide evidence after the expiration of the time limit for producing evidence.
5. If the party cannot provide evidence within the time limit due to objective reasons, and the evidence has been extended with the permission of the court, it cannot be provided within the extended time limit. Failure to listen to evidence may result in a referee clearly violating objective facts. However, if a party fails to provide evidence within the time limit due to intention or gross negligence, "objective reasons" should be clearly excluded.
What should I do if I file a criminal prosecution in another place? 2. Where are crimes prosecuted in other places?
According to the provisions of my country's Criminal Procedure Law, criminal offenses should be under the jurisdiction of the court where the crime occurred. If it is more appropriate to do so in the defendant's place of permanent residence, the case may be under the jurisdiction of the People's Court of the place of permanent residence.
Criminal Procedure Law of the People's Republic of China
Article 25 Criminal cases shall be under the jurisdiction of the People's Court of the place where the crime was committed. If it is more appropriate for the case to be heard by the People's Court of the place where the defendant is domiciled, it may also be under the jurisdiction of the People's Court of the place where the defendant is domiciled.
Article 26: A case over which several people's courts at the same level have jurisdiction shall be tried by the people's court that first accepts the case. If necessary, the case may be transferred to the People's Court of the place where the main crime was committed for trial.
Cases directly accepted by the court
The People's Court only directly accepts private prosecution cases. After the case is filed, it directly enters the trial stage without investigation by a specialized agency. The criminal cases accepted by the court are as follows:
(1) Inform the handling situation:
1. Insult and defamation cases (stipulated in Article 246 of the Criminal Law, serious endangerment of social order and Except for national interests);
2. Cases of violent interference with freedom of marriage (provisions in Paragraph 1 of Article 257 of the Criminal Law);
3. Crime of abuse (Second Paragraph of the Criminal Law) Article 160, paragraph 1);
4. Crime of embezzlement (Article 270 of the Criminal Law).
(2) Minor criminal cases in which the People’s Procuratorate has not initiated a public prosecution and the victim has evidence to prove it:
1. Intentional injury case (as stipulated in Paragraph 1 of Article 234 of the Criminal Law) );
2. Cases of illegal intrusion into residences (Article 245 of the Criminal Law);
3. Cases of infringement of freedom of communication (Article 252 of the Criminal Law);
4. Bigamy case (Article 258 of the Criminal Law);
5. Crime of abandonment (Article 261 of the Criminal Law);
6. Production and sale of counterfeit and inferior goods (Criminal Law) Section 1 of Chapter 3 stipulates, except those that seriously endanger social order and national interests);
7. Cases of intellectual property infringement (Section 7 of Chapter 3 of the Criminal Law provides that cases that seriously endanger social order and national interests) Except for national interests);
8. Cases in which the defendant may be sentenced to fixed-term imprisonment of not more than three years as specified in Chapter 4 and Chapter 5 of the Criminal Law.
In the above eight situations, if the victim directly files a lawsuit with the People's Court, the People's Court shall accept it in accordance with the law. If the evidence is insufficient and the public security organ can accept the case, or if the defendant may be sentenced to a fixed-term imprisonment of more than three years, the case shall be transferred to the public security organ for investigation.
(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, and the public security organ or the People's Procuratorate makes a written decision not to investigate.
What should I do if I file a criminal prosecution in another place? 3. Can administrative litigation be filed in another place?
According to current laws, cases that meet the conditions stipulated in the law can be prosecuted in other places where centralized jurisdiction and cross-jurisdiction are implemented.
Cases that comply with legal provisions refer to: Article 19 of the "Administrative Litigation Law of the People's Republic of China" stipulates that litigation over administrative coercive measures that restrict personal freedom shall be under the jurisdiction of the people's court where the defendant is located or where the plaintiff is located. The location of the plaintiff includes: domicile, habitual residence, and place of restricted personal freedom.
In provinces with centralized jurisdiction systems, such as Beijing, Shanghai, Henan and other places, administrative cases can be determined by a court to be subject to centralized jurisdiction across administrative regions.
In provinces that implement a cross-jurisdiction system, administrative cases can be prosecuted in administrative courts outside the plaintiff’s administrative region. At present, Fujian and Henan have done the most thorough work across jurisdictions in the country.
Legal basis:
Article 19 of the "Administrative Procedure Law of the People's Republic of China"
A lawsuit against administrative coercive measures that restricts personal freedom shall be filed by the defendant The People's Court of the place where the case is located or where the plaintiff is located has jurisdiction.
What are the provisions of the second instance of criminal proceedings?
According to the law, the provisions of the second instance of criminal proceedings are: the second instance court shall not revoke the suspended sentence announced by the original judgment or extend the probation period; the second instance court may use a more serious charge than the original judgment, and shall not aggravate the defendant's punishment Penalty; in cases where the defendant of the original trial was sentenced to concurrent punishment for several crimes, the court of second instance shall not increase the actual sentence.
Legal Basis
Article 224 of the Criminal Procedure Law
In cases of protest by the People’s Procuratorate and public prosecution cases heard by the People’s Court of Second Instance, the People’s Procuratorate at the same level shall Send someone to court. After the people's court of second instance decides to open a trial, it shall promptly notify the people's procuratorate to review the case files. The People's Procuratorate shall complete the inspection within one month. The time spent by the People's Procuratorate to review case files is not included in the trial period.