Whether the defendant can be convicted as a result of the trial of a private criminal prosecution ca

A private criminal prosecution is a minor criminal case in which the victim or his legally-designated person initiates a lawsuit with the people's court and is directly accepted by the people's court.

Article 170 of the Criminal Procedure Law of the People's Republic of China stipulates the scope of private prosecution cases: (1) cases that are handled only after complaint; (2) Minor criminal cases in which the victim has evidence; (3) Cases where the victim has evidence showing that the defendant's conduct violating their own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility. Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China clarifies the specific scope of the three types of cases. Cases handled by the Tell include:

1.Cases of insult or defamation, except where social order and national interests are seriously endangered; 2.cases of violent interference with the freedom of marriage; 3.

cases of abuse; 4. Cases of embezzlement. The people's procuratorate did not initiate a public prosecution, and the minor criminal cases for which the victim had evidence include: 1

intentional injury cases; 2.Trespass to a dwelling; 3.Infringement of freedom of communication; 4.

bigamy cases; 5.Case of Desertion 6Cases of production or sale of counterfeit and shoddy goods, except where social order and national interests are seriously endangered; 7.

Cases of infringement of intellectual property rights, except where social order and national interests are seriously endangered; 8.Cases in which the defendant may be sentenced to a sentence of not more than three years as provided for in Chapter 4 of the Criminal Law and Chapter 5 of the Criminal Law for the crime of infringing on citizens' personal rights and democratic rights.

In the above eight cases, after the court accepts the case, if the evidence is insufficient, it may transfer it to the public security organ for acceptance, and where it is found that the defendant might be sentenced to three years or more imprisonment, it shall be transferred to the public security organ for filing and investigation.

Legal Analysis: Yes, in a private prosecution case, the victim, i.e., the private prosecutor, the plaintiff, has the right to appeal. Defendants, self-inflicted prosecutors, and their legal ** persons.

Legal basis: Article 210 of the Criminal Procedure Law of the People's Republic of China: Private prosecution cases include the following cases:

1) Cases that are handled only upon complaint;

(2) Minor criminal cases in which the victim has evidence;

3) Cases where the victim has evidence showing that the defendant's conduct violating their own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the criminal responsibility of the defendant.

1. Is there a plaintiff in a private criminal prosecution case?

1. There is a plaintiff in a criminal private prosecution case. In a private prosecution case, the victim, i.e. the private prosecutor, i.e. the plaintiff, has the right to appeal. Defendants, private prosecutors, and their legal ** persons.

Defendants, private prosecutors, and their legal ** persons may all make noise and appeal against the first-instance judgment or ruling in their own name, and have equal right to appeal. There are two types of cases that can be appealed by the plaintiff, one is a private prosecution case, which can be appealed, and the other is that the plaintiff in an attached civil lawsuit can appeal, and it should be noted that the appeal period is exceeded. In public prosecution cases, an application should be made to the procuratorate for a prosecutorial counter-appeal.

2. Legal basis: Article 210 of the Criminal Procedure Law of the People's Republic of China.

Private prosecution cases include the following cases:

1) Cases that are handled only upon complaint;

(2) Minor criminal cases in which the victim has evidence;

(3) Cases where the victim has evidence showing that the defendant's conduct violating their own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.

2. What are the procedures for filing a private criminal prosecution case?

The procedure for filing a private criminal prosecution case is as follows:

1. The private prosecutor directly files a lawsuit with the court;

2. The court shall decide whether to file and accept the case.

Private prosecution cases in China refer to minor criminal cases that are handled only after complaint and do not require investigation.

In the case of a private criminal prosecution, in accordance with article 112 of the Criminal Procedure Law, the people's courts, people's procuratorates or public security organs shall promptly conduct a review of the materials for reporting, accusing, reporting and voluntary surrender in accordance with the scope of their jurisdiction, and shall file a case when they find that there are criminal facts that need to be pursued for criminal responsibility; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

Private prosecution cases are the symmetry of public prosecution cases. In China, courts at all levels take prosecution as a precondition for adjudication when hearing cases. If there are no parties to sue in court, there is no court hearing.

Courts hear criminal cases, which are divided into public prosecutions and private prosecutions. In public prosecution cases, the people's procuratorate is to initiate litigation in the people's court on behalf of the state; In private prosecution cases, the victim himself, his legally-designated **, or close relatives are to directly initiate litigation in the people's court.

1. What are the trial procedures for private criminal prosecutions?

After the people's court accepts a private prosecution case, it is to proceed in accordance with the following steps and links:

A copy of the private prosecution or oral complaint record shall be served on the defendant, the ** date shall be determined, the parties shall be summoned, witnesses shall be notified to appear in court, and relevant matters shall be announced in advance in the case of a public trial.

The trial procedures of the prosecution case are basically the same as that of the public prosecution case, and it is also divided into five stages: spring god**, court investigation, court debate, defendant's final statement, deliberation and verdict.

Private prosecution cases may be mediated. Where an agreement is reached through mediation, a mediation document for private criminal prosecutions shall be drafted, signed by the adjudicators and clerks, and affixed with the seal of the people's court. After the mediation agreement is served on the parties, it becomes legally effective and must be executed.

If one or both parties renege before the mediation is served, the people's court may conduct another mediation or pronounce a judgment.

Before the verdict is announced, the private prosecutor may settle with the defendant on his own or withdraw the private prosecution. After the parties settle, the private prosecutor may apply to withdraw the private prosecution. Where an application is made to withdraw a private prosecution, the people's court shall generally permit it, record it in the record, and notify both parties to end the litigation.

If a party is dissatisfied with the trial of a private criminal prosecution case by the people's court of first instance, he or she shall submit an appeal within the statutory time limit for appeal.

Second-instance people's courts accepting private criminal prosecution cases shall complete trial within one month, and must not exceed one and a half months at the latest. In the course of the second-instance trial, mediation may be carried out, and the private prosecutor may also be allowed to withdraw the lawsuit.

The private criminal prosecution case shall be concluded within 1 month after **.

In private criminal prosecution cases, the people's court will make an arrest if the corresponding circumstances are met. People's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution.

[Legal basis].

Article 2 of the Criminal Procedure Law Article 110 Private prosecution cases include the following cases: (1) cases that are handled only after being told; (2) Minor criminal cases in which the victim has evidence; (3) Cases where the victim has evidence showing that the defendant's conduct violating his or her personal or property rights shall be pursued for criminal responsibility in accordance with law, and the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.