Criminal law refers to the general name of laws and regulations related to criminal cases, including criminal law, criminal procedure law and judicial interpretation.
I. Cases of public prosecution
A case of public prosecution refers to a case in which the procuratorial organ brings a public prosecution to the court in the name of the state and investigates the criminal responsibility of the offender.
It is symmetrical with a private prosecution case. In China, criminal responsibility should be investigated according to law, except for minor criminal cases that are handled only after being informed and do not need to be investigated, and cases in which the victim has evidence to prove that the defendant has violated his personal and property rights. The public security organs or people's procuratorates do not investigate the criminal responsibility of the defendant, and the rest are filed for investigation by public security organs or procuratorial organs. After the investigation is completed, if the procuratorial organ thinks that criminal responsibility should be investigated, it shall bring a public prosecution to the court.
Second, private prosecution cases
It refers to a case in which the victim or close relatives of a criminal case directly sue the people's court in order to investigate the criminal responsibility of the criminals.
Third, criminal incidental civil action.
Incidental civil action in criminal cases refers to solving the problem of civil compensation while investigating the criminal responsibility of the defendant.
In our country, if the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil action in criminal proceedings; If the state or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution. If the victim has not suffered losses, or the material losses are not directly caused by the defendant's criminal behavior, an incidental civil action cannot be brought. An incidental civil action shall be tried together with a criminal case. If the joint trial affects the criminal trial, the criminal part may be tried first, and then the incidental civil action shall continue to be tried by the same judicial organization.
Four, the conditions that a private prosecutor must meet.
Victims of criminal acts; If the victim dies, loses his capacity for civil conduct or cannot tell because of coercion, threat or other reasons, his legal representative or close relatives may tell him on his behalf. If he informs on his behalf, he shall provide proof of the relationship with the victim and the reasons why the victim can't tell him in person.
Heyuan, also known as Tea City, is a prefecture-level city in Guangdong Province and a city in Shenzhen metropolitan area. Located in the northeast of Guangdong Province, the middle and upper reaches of Dongjiang River and Hanjiang River, the whole city covers an area of/kloc-0.57 million square kilometers. It has jurisdiction over 5 counties in 1 district, as well as Heyuan National High-tech Zone and Jiangdong New District. According to the data of the seventh census, the resident population is 2,837,700.
Historically, Tuocheng was the earliest city in Lingnan, and Zhao Tuo, the king of South Vietnam, was the first Longchuan county magistrate. Heyuan is the earliest area where Hakkas developed Lingnan, the hometown of Ruan Xiaoxian, the first director of the Central Audit Committee in China, Xiao Yang, the former dean of the Supreme People's Court, and Wen Rumin, the former head of the Chinese Department in Peking University. It is the revolutionary base of Dongjiang Column and the earliest liberated area in Guangdong.