Measures for the protection of the procedural rights of criminal victims 20

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 87: Where a victim feels that a public security organ has not filed and investigated a case that should be filed and investigated, he or she may request that the people's procuratorate give legal supervision. The people's procuratorate shall request that the public security organ explain the reasons for not filing the case.

Where the people's procuratorate finds that the public security organ's reasons for not filing a case cannot be sustained, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notice.

Legal Analysis: A victim is a person who has been victimized by a criminal act. Since the criminal acts of criminals directly infringe upon the lawful rights and interests of the victims, it is required that the criminal suspects and defendants be investigated for criminal responsibility.

The procedural rights of victims in criminal proceedings mainly include: accusing criminals of criminal conduct; Require investigators, inspectors, adjudicators, and so forth to recuse themselves in accordance with law; Participation in court proceedings, etc.

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

Article 11: Except as otherwise provided by this Law, the trial of cases by the people's courts is to be conducted in public. Defendants have the right to a defense, and the people's courts have the obligation to ensure that the defendant receives a defense.

Article 33: In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders. The following persons may be retained as defenders: (1) lawyers; (2) Persons recommended by people's organizations or the criminal suspect or defendant's unit; (3) The guardians, relatives and friends of criminal suspects or defendants.

Persons who are currently serving a criminal punishment or who have been deprived or restricted of their physical liberty in accordance with law must not serve as a defender. Persons who have been dismissed from public office or have had their lawyer's or notary public's practice certificates revoked must not serve as defenders, except where they are the guardians or close relatives of criminal suspects or defendants.

Legal Analysis: The procedural rights of victims in criminal proceedings mainly include: accusing criminals of criminal acts; Require investigators, inspectors, adjudicators, and so forth to recuse themselves in accordance with law; Participation in court proceedings, etc.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 234 As one of the parties to criminal proceedings, victims enjoy many rights:

1) The right to apply for recusal. Where adjudicators, procurators, or investigators have legal provisions that might affect the fair handling of the case, the victims and their legally-designated persons have the right to apply for recusal;

Legal analysis: In different criminal litigation activities, the procedural rights of victims are not exactly the same, and the victim has the right to protest against the judgment of the public prosecution in a criminal case where the judgment is not subdued; In a private criminal case, the victim has the right to appeal directly if he or she is dissatisfied with the judgment. In China's criminal proceedings, the victim is a party and enjoys a wide range of procedural rights, but the victim of a public prosecution case in which the procuratorate is responsible for prosecuting the first-instance judgment does not have the right to appeal.

This is because any criminal act is not only an infringement on the interests of the victim, but also an infringement on the interests of society as a whole, so the procuratorial organ, the state's special prosecution organ, will charge crimes on behalf of the state and on behalf of the victim. While safeguarding the interests of the state, the procuratorial organs also safeguard the interests of the victims. The victim is the same party to the prosecution as the procuratorate in the lawsuit.

In a public prosecution case, since the victim is not responsible for prosecuting, he should not have the right to appeal the court's decision.

Legal basis

Criminal Procedure Law of the People's Republic of China》 Article 229: Where victims and their legally-designated persons are dissatisfied with the first-instance judgment of any level of local people's court, they have the right to request that the people's procuratorate raise a prosecutorial counter-appeal within 5 days of receiving the judgment. Within 5 days of receiving the request from the victim and his legally-designated **, the people's procuratorate shall make a decision on whether to raise a prosecutorial counter-appeal and respond to the requester.

The rights of victims in criminal proceedings include the right to use their own spoken and written languages in litigation; the right to sue; the right to lodge a complaint; the right to attend court hearings; the right to debate; The right to lodge a recusal and other rights provided for by various laws.

Article 9 of the Criminal Procedure Law of the People's Republic of China All citizens of all ethnic groups have the right to conduct proceedings in their own spoken and written languages. The people's courts, people's procuratorates, and public security organs shall interpret for litigation participants who are not proficient in the spoken and written language commonly used in the locality. In areas where ethnic minorities live in large concentrations or where multiple ethnic groups live together, trials shall be conducted in the language commonly used in the locality, and judgments, notices, and other documents shall be published in the language commonly used in the locality.

Article 49 of the Criminal Procedure Law of the People's Republic of China: Where defenders or litigants feel that the public security organs, people's procuratorates, people's courts, or personnel who are interested in their work are obstructing their lawful exercise of procedural rights, they have the right to appeal or make accusations to the people's procuratorate at the same or higher level. The people's procuratorate shall promptly conduct a review of the appeal or accusation, and where the circumstances are true, notify the relevant organs to make corrections.