Who will prosecute criminal cases?

People's Procuratorate.

According to the Criminal Procedure Law of the People's Republic of China

Article 3: The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions. The people's courts are responsible for trials.

Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers.

Article 169:All cases that require a public prosecution are to be reviewed and decided by the people's procuratorate.

Article 176: If the People's Procuratorate finds that the facts of the criminal suspect's crime have been clarified, the evidence is credible and sufficient, and criminal responsibility should be pursued in accordance with the law, it shall make a decision to prosecute, initiate a public prosecution with the People's Court in accordance with the provisions of trial jurisdiction, and transfer the case file materials and evidence to the People's Court.

According to the provisions of China's relevant laws, criminal cases are prosecuted by the procuratorate, different cases are prosecuted by the people's procuratorates at different levels, and the corresponding cases are tried by the people's courts at the same level.

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

Procuratorate. Nor is it a private prosecution case with small cases and sufficient evidence.

Legal Analysis: Not all criminal cases are prosecuted. According to the provisions of Law F, a part of criminal cases is private prosecution cases.

Private prosecution cases, i.e., cases in which a private prosecutor initiates a lawsuit. Private prosecution cases in China are handled only by complaint, and other minor criminal cases that do not require investigation.

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 handled only after complaint; (2) Minor criminal cases in which the victim has evidence; (3) Cases in which the victim has evidence showing that the defendant's conduct violating his or her own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the Zhaosui public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.

Criminal cases are divided into private prosecution cases and public prosecution cases. In the case of a public prosecution of a criminal case, the procuratorate prosecutes the case on behalf of the State and requests the court to investigate the criminal responsibility of the offender. Therefore, the plaintiff in the criminal case is the Public Prosecutor's Office.

Only the procuratorate has the power to decide whether to prosecute or not to prosecute, if it has already been prosecuted, it has the power to decide whether to withdraw the prosecution if it has already been prosecuted, and if it is dissatisfied with a court decision, it has the power to decide whether to appeal. Victims and ** do not have these powers. Since the prosecution of the procuratorate represents the state, the prosecution in court is called the public prosecutor, and the criminal suspect is called the defendant.

The setting of the court can also show that the legal status of the parties is withering. The judge is in the center to reflect the neutrality of the trial. The prosecutor's office and the defense lawyer are on opposite sides of the bench.

The role of the prosecutor in court is to charge the crime, and to accuse the defendant of guilt and gravity. The defender expresses his defense opinion for the defendant in court, defending him not guilty or the crime is minor.

Article 176 of the Criminal Procedure Law: If the People's Procuratorate finds that the facts of the criminal suspect's crime have been clarified, 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 with 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.

Legal analysis of Huai Disadvantages: Criminal cases in China do not have to be prosecuted, there are also private prosecution cases, and the people's courts can mediate private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. People's courts hearing private prosecution cases, if the defendant is not in custody, shall announce the verdict within 6 months of accepting it.

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

1) Cases that are handled only upon complaint;

2) Minor criminal cases in which the victim specified that the deceased had evidence to prove it;

3) Cases where the victim has evidence showing that the defendant's conduct violating his or her 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.

If a criminal case is not a private prosecution case, it is generally necessary to prosecute it. Private prosecution is the symmetry of public prosecution, which refers to a case in which the victim or his legally-designated person or close relatives file a lawsuit with the people's court in order to pursue the defendant's criminal responsibility, and the people's court directly accepts it. The people's procuratorate did not initiate a public prosecution, and the victim had evidence to prove the minor criminal cases, including:

1. Intentional injury;

2. Illegal intrusion into residential cases;

3. Cases of infringement of freedom of communication;

4. Bigamy cases;

5. Abandonment cases;

6. Cases of production and sale of counterfeit and shoddy products, except for those that seriously endanger social order and national interests;

7. Cases of infringement of intellectual property rights, except for those that seriously endanger social order and national interests.

If the case is not above, then it must be prosecuted.

Depending on what kind of case it is, some of them must be prosecuted, and some of them are cases that are handled only after being told.

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 freedom of marriage;

3. Cases of abuse;

4. Cases of encroachment on acres and feet.

The people's procuratorate did not initiate a public prosecution, and the victim had evidence to prove the minor criminal cases, including:

1. Intentional injury;

2. Cases of illegal intrusion into residences;

3. Cases of infringement of freedom of communication;

4. Bigamy cases;

5. Abandonment cases;

6. Cases of production and sale of counterfeit and shoddy products, except for those that seriously endanger social order and national interests;

7. Cases of infringement of intellectual property rights, except for those that seriously endanger social order and national interests.

If the case is not above, then it must be prosecuted.

Legal basis: Article 169 of the Criminal Procedure Law.

All cases that need to be prosecuted shall be reviewed and decided by the people's procuratorate.

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.