There is no plaintiff statement in criminal proceedings, and the victim of criminal cases should be the plaintiff as we understand it. In criminal proceedings, they are generally called defendants, prosecutors and victims. The prosecution represents the plaintiff, but it does not mean that it can be called the plaintiff, because in criminal proceedings, the prosecutor of the public prosecution organ exercises the right of public prosecution, which belongs exclusively to the people's procuratorate. This procedure is actually determined by the characteristics of criminal cases, which are generally serious and involve criminal offences. It is difficult for victims to obtain evidence and prosecute independently. When a criminal case occurs, the public security organ first files a case for investigation and determines the investigation direction according to the situation and nature of the case. Investigating and handling criminal cases with state power is more conducive to cracking down and deterring crimes. After the investigation of the case is completed and the suspect is arrested, the public security organ will submit the case statement and the collected case evidence to the people's procuratorate at a higher level. If the people's procuratorate understands the case and considers it necessary to prosecute, the public prosecution organ shall bring a lawsuit to the people's court, and send a public prosecutor to introduce the defendant's crime and put forward opinions on conviction and sentencing. Through this series of processes, we can find that the public prosecutor is always on the victim's side, but it needs to be emphasized that in criminal proceedings, the victim cannot be called the plaintiff and the public prosecutor is not the plaintiff.
1. Are the people targeted by the plaintiff and the public human?
Since there is no plaintiff in criminal proceedings, many people will think that the prosecutor is the plaintiff and equate the prosecutor with the plaintiff. This statement is wrong. Prosecutors are staff members of people's procuratorates. They appeared in court on behalf of the court and filed a lawsuit. Their identity is still the staff of the procuratorate. The purpose of their appearance is to make up for the shortcomings of the victims in obtaining evidence and related professional legal knowledge in criminal cases. Their appearance in court is not only related to whether the defendant can get the punishment he deserves, but also directly reflects the image of the supervisory organ. The appearance of the public prosecutor in court not only safeguarded the legitimate rights and interests of the victims, but also safeguarded the authority of the law.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 51 The burden of proof that the defendant is guilty in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof that the defendant is guilty in a private prosecution case shall be borne by the private prosecutor.
Article 55 In sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be trusted. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished. If the evidence is true and sufficient, the following conditions shall be met:
(1) There is evidence to prove the fact of conviction and sentencing;
(2) The evidence on which the final decision is based has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
Article 189 of the Criminal Procedure Law of People's Republic of China (PRC) When a people's court hears a case of public prosecution, the people's procuratorate shall send personnel to appear in court to support the public prosecution.
Article 46 The victims of public prosecution cases, their legal representatives or close relatives, and the parties involved in incidental civil actions and their legal representatives shall have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution. The private prosecutor and his legal representative in a case of private prosecution, and the parties to an incidental civil action and their legal representatives have the right to entrust an agent ad litem at any time. The people's procuratorate shall, within three days from the date of receipt of the case materials transferred for examination and prosecution, inform the victims and their legal representatives or their close relatives, the parties involved in incidental civil litigation and their legal representatives that they have the right to entrust agents ad litem. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative, the parties to an incidental civil action and his legal representative that they have the right to entrust an agent ad litem.