The crime of intentional injury minor injury is not a private prosecution case

It is a case that can be prosecuted or privately prosecuted, and the most important thing for this kind of case is to see whether the evidence is sufficient, if the evidence is sufficient (the evidence can be transferred from the public security department), and it can be sentenced to intentional injury, then I suggest that you still choose private prosecution, after all, the private prosecution case has its own initiative, you can negotiate with the suspect, take more money and then withdraw the prosecution, which is good for you and good for him (he can have no criminal record), In addition, for private prosecution cases, if you are not satisfied with the first-instance judgment, you can still appeal on your own, and the decision to go through the public prosecution procedure to protest is not with you, and you only have the right to appeal against the civil part.

During the course of the proceedings, it has no impact on the victim going to work, because the injury has already been done, the appraisal results page has already come out, and at most, at the time of sentencing, the judge will judge the severity of the injury and decide to lighten it, but the range will not exceed 2 months.

If the public security organs do not file a case, you can directly take the decision to file a case and go to the court to file a lawsuit. (In fact, you can sue directly without looking at whether the public security organ has filed a case, and the court will coordinate with the public security internally, but you must prepare your own evidence, and there may be not much evidence on the public security side.) ）

If the case is correct, the public security should file a case when there is an appraisal, and the public security must file a case for minor injuries in a criminal case.

You can call the police first, and if the public security organ does not file a case, you can prosecute yourself!

Legal analysis: Judging from the current judicial practice, almost all cases of private prosecution of minor injuries are accepted by the public security organs as public security cases, and there is no conclusion, and the victim has no evidence to prove that the defendant should bear collateral criminal responsibility, and only uses the evaluation conclusion of the injury constituted a minor injury made by the internal appraisal agency of the public security organ to the court to request a criminal private prosecution case, depending on the degree of the victim's injury and the appraisal conclusion after the investigation organ accepts the case, and the private prosecutor can go to the court for private prosecution if the circumstances are minor. However, if a crime is constituted, criminal responsibility shall be investigated in accordance with the law, and the procuratorate shall initiate a public prosecution with the court.

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

Article 170? People's procuratorates are to conduct a review of cases transferred for prosecution by the Supervision Organs in accordance with the relevant provisions of this Law and the Supervision Law. Where, upon review, the people's procuratorate finds that supplemental verification is necessary, it shall return it to the Supervision Organs for supplemental investigation, and when necessary, may supplement the investigation on its own.

In cases transferred for prosecution by the Supervision Organs that have already been taken into custody, the people's procuratorate shall first detain the criminal suspect and the retention in custody measures will be automatically lifted. The people's procuratorate shall make a decision on whether to arrest, release on guarantee pending further investigation, or residential surveillance within 10 days of detention. In exceptional circumstances, the time for decision may be extended by one to four days.

The period during which the people's procuratorate decides to employ compulsory measures is not included in the time limit for review for prosecution.

Article 171? When the people's procuratorate examines a case, it must ascertain the following:

1) Whether the facts and circumstances of the crime are clear, whether the evidence is credible and sufficient, and whether the determination of the nature of the crime and the charges is correct;

2) Whether there are any omitted crimes or other outragers who should be pursued for criminal responsibility;

3) Whether it is criminal responsibility that should not be pursued;

4) Whether there is an attached civil lawsuit;

5) Whether the investigative activities are lawful.

It is a public prosecution case, which is investigated by the public security organs, handed over to the procuratorate for review and prosecution, and tried by the court. The other party has already constituted the crime of intentional injury if it reaches the level of minor injury, because it is not a crime of personal accusation, in principle, the victim cannot directly go to the court to prosecute, and under normal circumstances, the public security organ will file the case for investigation and the procuratorate will review and prosecute. If the procuratorate does not initiate a public prosecution, but the victim has evidence to prove that he or she has suffered minor injuries, he or she may go to the court to prosecute.

Legal basisArticle 43 of the Law on Administrative Penalties for Public Security.

Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

It can be a public prosecution or a private prosecution. The so-called minor criminal cases refer to cases in which the facts and circumstances of the crime are relatively minor, and a sentence of up to 3 years imprisonment may be given, as well as a lighter punishment such as short-term detention or controlled release. It should be noted that this type of case emphasizes the burden of proof on the victim, and whether a private prosecution can be established depends to a certain extent on whether the victim has evidence or whether the evidence is sufficient, and if the victim has no evidence, the people's court will not accept it.

If the evidence presented by the victim is insufficient to support his or her prosecution claims, the people's court will rule to reject the private prosecution.

Legal basisArticle 267 of the Judicial Interpretation of Criminal Procedure.

Where the defendant commits two or more criminal acts, they are separate public prosecution cases and private prosecution cases, and the people's courts may try them together. The provisions of this chapter apply to the trial of the private prosecution portion.

Minor injuries can be self-prosecuted. Where minor injuries are caused, criminal responsibility may be pursued, and such cases are generally prosecuted by the procuratorate. However, the victim may also file a private prosecution in the following two cases:

1. Where the victim has evidence to prove it, he may directly file a lawsuit with the court, or may report the case to the public security organ or procuratorate, and the procuratorate will conduct a public prosecution; 2. After the victim reports the case, the public security organ or procuratorate finally makes a decision not to pursue the case.

Legal basis] Article 210 of the Code of Criminal Procedure.

Private prosecution cases include the following cases: (1) cases 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.