What does prosecution mean? What does it mean to prosecute

The public prosecution is a party composed of public prosecutors who participate in criminal proceedings.

The public prosecution refers to the fact that the parties do not directly initiate a lawsuit, but the state judicial organ initiates the lawsuit, represents the state legal supervision organ, is actually in the position of the plaintiff in the criminal proceedings, and independently performs the prosecution function, and its task is to investigate the criminal responsibility of the offender on behalf of the state and supervise the trial activities of the court. They are not litigants in criminal proceedings.

As the specific executor of the state's right of recourse, the public prosecutor has no direct and specific interest in the facts of the case.

The participation of public prosecutors in criminal proceedings is not based on private interests and has been directly harmed by criminal acts, but on the basis of the requirements of their duties, which is to investigate crimes on behalf of the state and protect the interests of the state and the people, including the legitimate rights and interests of the victims.

That is, the party who initiates the public prosecution in criminal proceedings. Public prosecutor: refers to the person who does not directly file a lawsuit by the parties, but is initiated by the national judicial organ, and in China is mainly served by the judicial personnel of the people's procuratorate, that is, the person who serves as a lawsuit in the people's procuratorate is the public prosecutor.

Hello, the prosecution is the plaintiff in a criminal case.

China's judicial system is divided into four parts: the Public Security Bureau, the Procuratorate, the Court and the Judicial Bureau. The relationship between the first three is as follows: the public security organ arrests and interrogates the criminal suspect (here specifically refers to a criminal offense) - transfers it to the procuratorate (after examination finds that it constitutes a crime) - initiates a public prosecution with the court.

In the process of the procuratorate initiating a public prosecution with the court, there will generally be a first-class process, and the procuratorate has a special prosecutor (case undertaker) to appear in court to support the prosecution, at this time, the prosecutor is called the public prosecutor. And the person who commits the crime is called the defendant.

Public prosecution is a litigation activity in which the people's procuratorate files an accusation against a criminal suspect against the people's court and requests the court to determine the facts of the crime and punish the offender through trial.

The conditions for initiating a public prosecution are as follows: Silence.

1. The facts of the criminal suspect's crime have been clarified. The facts of the crime are the basis for the correct conviction and sentencing of criminal suspects, and only when the facts of the crime are ascertained can the criminal suspect be correctly convicted and sentenced;

2. The evidence is credible and sufficient. Evidence is the objective basis for determining the facts of a crime. Therefore, the people's procuratorate must have credible and sufficient evidence to accuse a criminal suspect of committing a crime;

3. Criminal responsibility shall be pursued in accordance with law. According to the law, a criminal suspect who has committed a certain crime does not necessarily have to be held criminally responsible. Some criminal acts are not subject to criminal liability by law.

Therefore, when deciding to prosecute a criminal suspect, it is also necessary to exclude the circumstances under which criminal responsibility is not pursued by law.

Legal basisArticle 176 of the Criminal Procedure Law of the People's Republic of China.

Where the people's procuratorate finds that the facts of the criminal suspect's crime have been clarified, that the evidence is credible and sufficient, and that criminal responsibility should be pursued in accordance with law, it shall make a decision to prosecute, initiate a public prosecution in the people's court in accordance with the provisions on trial jurisdiction, and transfer the case file materials and evidence to the people's court.

Where criminal suspects admit guilt and accept punishment, the people's procuratorate shall submit a sentencing recommendation on the primary punishment, supplementary punishment, whether a suspended sentence is to be applied, and transfer materials such as the plea affidavit with the case.

"Public prosecution" refers to the litigation activities of the people's procuratorate to submit an accusation to the people's court against the criminal suspect's criminal conduct, requesting that the people's court determine the facts of the crime and punish the offender through trial. Here, it is important to emphasize the issue of the right to prosecute.

The meaning of the right to prosecute is broad and narrow. In a broad sense, the power of public prosecution refers to the power of the procuratorate to prosecute crimes on behalf of the state, including the power to file a case, the power to investigate and investigate, the power to review and prosecute, initiate a public prosecution, not to prosecute, support a public prosecution, withdraw a prosecution, and so on. The power of public prosecution in the narrow sense does not include the power to file a case and the power to investigate.

Because the essence of the right to prosecute is the right to prosecute a crime, the act of prosecuting is essentially the act of prosecuting a crime.

The right to prosecute has the following two connotations:

1. The right to prosecute in the substantive sense, that is, the right to investigate crimes;

2. The right to prosecute in the procedural sense, that is, the right to appeal to the judicial authorities, that is, the power of the procuratorate to initiate a public prosecution with the adjudication organ and request that the defendant's criminal acts be tried. This right of judicial request is a procedural power.

The so-called public prosecution cases, also known as criminal public prosecution cases, refer to cases in which procuratorial organs at all levels initiate litigation on behalf of the state to pursue the criminal responsibility of the defendant in accordance with the relevant provisions of the law. Public prosecution in criminal proceedings refers to litigation activities in which the people's procuratorate submits to the people's court for trial in cases where the public security organ's investigation has been completed and transferred for review, as well as in cases where the investigation has been completed on its own, where it finds that the facts of the crime are clear, the evidence is credible and sufficient, and that a crime has been alleged, and that the defendant shall be pursued for criminal responsibility in accordance with law.

What is the difference between a private prosecution and a public prosecution.

1. A private prosecution is a lawsuit initiated by the parties themselves, and a public prosecution is a lawsuit initiated by the procuratorate ex officio;

2. Private prosecution refers to the criminal proceedings directly initiated by the victim or his statutory ** person or close relatives to the court in a criminal case in order to pursue the criminal responsibility of the defendant, and public prosecution refers to the litigation activities in which the procuratorate conducts a review of a case in accordance with the law or decides not to prosecute in accordance with the law in a case where the investigation by the investigating organ is concluded and transferred for review and prosecution.

Legal basisArticle 181 of the Criminal Procedure Law of the People's Republic of China.

After the people's court conducts a review of the case in which a public prosecution has been initiated, it shall decide to try the case if there are clear facts of the alleged crime in the indictment.

Article 46.

Time for the Litigator to Intervene in the Criminal Proceedings] The victims of public prosecution cases and their legally-designated persons or close relatives, and the parties to attached civil litigation and their legally-designated persons, have the right to retain the litigators from the date on which the case is transferred for review for prosecution. The private prosecutor and his or her statutory ** person in a private prosecution case, and the parties to an attached civil lawsuit and their statutory ** person, have the right to entrust a litigant at any time.

Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the victim and his legally-designated ** person or their close relatives, and the parties to the attached civil litigation and their legally-designated ** person that they have the right to retain a litigant. Within 3 days of accepting a private prosecution case, the people's court shall inform the private prosecutor and his legally-designated ** person, and that the parties to the attached civil litigation and their legally-designated ** person have the right to retain the litigant.

Public prosecution refers to the litigation activities of the people's procuratorate to file an accusation against a criminal suspect and request that the court determine the facts of the crime and punish the offender through trial.

Conditions for initiating a public prosecution: The facts of the criminal suspect's crime have been clarified. The facts of the crime are the basis for the correct conviction and sentencing of criminal suspects, and only when the facts of the crime are ascertained can the criminal suspect be correctly convicted and sentenced;