In the event of a criminal case, what procedures do the victims need to go through after they have c

"Private" in a criminal case refers to a part of the conduct carried out by a citizen or a unit that violates criminal legal norms, and after entering the criminal procedure, the parties or with the participation of others voluntarily resolve the dispute through consensus or under the leadership of judicial personnel, and the dispute is resolved through negotiation by mutual agreement under the leadership of judicial personnel, and the infringing party gives the infringed party corresponding compensation (compensation), and the infringed party waives the request to pursue the criminal responsibility of the infringing party, and the judicial organs respect the will of both parties through consultation. A method of closing criminal cases in which the corresponding criminal litigation activities in progress are terminated and the criminal responsibility of the infringing party is no longer pursued. This paper discusses the object, the embodiment of will, the content, the form, the procedure, and the nature of "private" criminal cases, and analyzes 11 characteristics of "private" criminal cases.

Regarding the "private" of criminal cases, I have not seen the relevant articles. In the history of Chinese and foreign jurisprudence and in modern jurisprudence, no one has theoretically explained the "private" of criminal cases. The "private" of criminal cases has not yet become an important concept in the theoretical system of criminal law. It has not yet become an important object of the criminal legal normative system; It has not yet become an important way of closing cases in criminal justice practice.

I have been thinking about the issue of "private" criminal cases for several years, and now I have made my superficial understanding public, hoping to consult everyone, and also hope to play a role in throwing bricks and stones.

After the victim agrees to be private, it depends on where your case is pulled, it is not exactly the same, but the general aspect is the same, sign the mediation agreement, or submit an application for removal, and the case handling department will make a decision to end the pull.

Here's how it works.

1: The mediation unit is the public security organ.

2: The victim needs to have written consent.

3: After separate consultation between the two parties, the public security organ shall preside over the coordination.

4: After the mediation is successful, the public security organ will issue a report on the withdrawal of the case.

5: It's done!

[Legal Analysis].A private settlement can mitigate criminal liability, but it does not necessarily mean that accountability will not be pursued. Criminal cases are usually referred to as criminal settlements. The so-called criminal settlement refers to litigation activities in which in the course of criminal proceedings, through a mediator or other organization, enables the victim to directly communicate and negotiate with the criminal suspect or defendant in the case of the criminal suspect or defendant, and after the two parties reach a civil compensation settlement agreement, the judicial organ will no longer pursue criminal responsibility for the criminal suspect or defendant or reduce the criminal responsibility according to the specific circumstances of the case.

[Legal basis].Criminal Procedure Law of the People's Republic of China

Article 278:Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the parties and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.

Article 279: In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

Summary. Hello! As you described, go through the procedure of the final applicable law. Private criminal cases also have to go through the trial process and the court can finally apply the law before an effective ruling can be formed.

Hello! As you described, go through the procedure of the final applicable law. Criminal cases that have been drafted privately must also go through the trial process and finally apply the law to the court before they can form an effective ruling.

Legal basis: After the case is private, according to the provisions of Article 250 of the Criminal Procedure Law of the People's Republic of China, if the case is made private, the original trial, retrial, or the people's procuratorate at a higher level does re-examine the case, it shall be the case that has never been kept private or the new facts since the time limit have been settled; Where there is a clear violation of the law, and the evidence admitted by the case person is based on evidence, and they are basically willing to admit it, they shall complete the supplementary review procedures and have the right to change the original case judgment.

Legal Analysis: Private settlement can reduce criminal responsibility, but it does not necessarily mean that responsibility will not be pursued. Criminal cases are usually referred to as criminal settlements.

The so-called criminal reconciliation refers to litigation activities in which in the course of criminal proceedings, through mediators or other organizations, the victim and the criminal suspect or defendant are directly communicated and negotiated together, and after the two parties reach a civil compensation settlement agreement, the judicial organs will no longer pursue criminal responsibility for the criminal suspect or defendant or reduce the criminal responsibility according to the specific circumstances of the case.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 278:Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the person involved in the settlement and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.

Article 279: In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

Legal Analysis: Criminal cases cannot be private, but they can be settled. In legally-prescribed public prosecution cases, where the criminal suspect or defendant sincerely repents of their crimes and obtains the victim's forgiveness through a hail gesture such as compensating the victim for losses, making a formal apology, etc., and the victim voluntarily reconciles, both parties may reconcile.

Legal basis: Criminal Procedure Law of the People's Republic of China" Article 288: In the following Yuanzheng public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, both parties may settle:

1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

Privately handling criminal cases is an illegal act that lacks legal basis and handles criminal cases privately, and the result not only does not have legal effect, but on the contrary brings serious hidden dangers to society. Such "private" agreements should be analyzed on a case-by-case basis. If the injuries suffered by the victim are minor or less, which does not constitute a crime of criminal sale, then the agreement is valid.

If the injury suffered by the victim is minor or more, then such a "private" agreement should be partially valid and partially invalid. It is valid for the civil compensation component. It is invalid as far as the part exempts the offender from criminal liability.

Criminal law is a public law, and the legal interests infringed by intentional injury are not singular, and the legal interests infringed by it are not only the victim's right to body and health, but also the public management order of the state. Whether or not to pursue the criminal responsibility of the aggressor is not something that the victim can control, nor is it transferred by the will of the victim, so it is of no practical significance in terms of the part exempting from criminal responsibility, and it is an invalid type of agreement.

[Legal basis].

Article 4 of the Criminal Law of the People's Republic of China [Equality Before the Law] All persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.