1. Is abandonment a criminal case?
Yes, Article 261 of the Criminal Law of People's Republic of China (PRC) refuses to support the old, the young, the sick or others who cannot live independently. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Second, the criminal case agency fee
(1) Answering legal advice
1, does not involve property relations, and each piece does not exceed 200 yuan.
2. Each transaction involving general property relations shall not exceed 400 yuan.
3. Negotiation fees related to commercial property rights.
(2) The fees for writing legal documents, writing litigation documents and making other legal documents shall be negotiated by the law firm and the client.
(3) Handling criminal cases
1, each item in the investigation stage shall not exceed 3,000 yuan;
2. No more than 4,000 yuan per person in the prosecution stage;
3, each case of first instance does not exceed 8000 yuan;
4, as the plaintiff in a criminal private prosecution case or the agent of the victim in a public prosecution case to participate in the proceedings, does not involve property relations, each person does not exceed 5000 yuan. Charges related to property relations are charged according to the standards of civil cases;
5. As an agent of criminal incidental civil cases, the fees shall be reduced according to the standards of civil cases.
6. If the second trial is conducted without the first trial, the fee for the second trial is 1000-7000 yuan;
7. For cases that have been tried in the first instance and the second instance, the charging standard of the second instance can be reduced according to the standard of the first instance.
3. What are the criminal cases that can be prosecuted by private prosecution?
According to the provisions of Article 170 of the Criminal Procedure Law, the scope of hearing cases of private prosecution by the people's courts mainly includes the following three types:
(a) inform the handling situation. In other words, it refers to a criminal case that is clearly stipulated in the specific provisions of the Criminal Law as "this crime will be dealt with only after being informed". There are a few such cases in China's current criminal law, such as insult, slander, abuse and violent interference with freedom of marriage.
(2) Minor criminal cases proved by the victim. It mainly means that the victim has evidence of the defendant's crime, and the criminal act accused by the defendant is a criminal case that may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine.
(3) A criminal case in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate does not investigate it. Although this kind of case is a public prosecution case, after the victim reported and complained to the public security organ or the people's procuratorate according to law, the public security organ refused to file the case, or the people's procuratorate has decided not to prosecute the defendant, or still maintains the decision not to prosecute the defendant, so the victim has no choice but to directly sue the people's court.