Criminal dispute cases, criminal cases arising from civil disputes

Updated on society 2024-05-23
4 answers
  1. Anonymous users2024-02-11

    With all due respect, if you have to get involved with that teacher, I think you're too petty.

    Your evaluation of him is "cut, just like him", obviously you look down on such a person in your heart and despise him, so what are you fighting with him, and you have to "pk n rounds", don't feel bored, and at the same time, it seems that your personality is the same as his, just a "small sample".

    At the same time, I think that students are in school to learn knowledge and learn to be a person, if you feel that the teacher is very unethical, you and your classmates can go to the academic affairs office or complain to the principal, and let your parents say that the effect will be better.

    I advise you not to spend your energy on such meaningless little things, and take a step back to open up the sky.

    Finally, to add, the teacher's actions were only moral, and there was no criminal act.

  2. Anonymous users2024-02-10

    The circumstances are too minor to be used as a crime.

  3. Anonymous users2024-02-09

    The Criminal Procedure Law (2012 Amendment) introduces the "criminal reconciliation procedure", in which in cases of intentional injury resulting in minor injuries caused by civil disputes, the criminal suspect or defendant sincerely repents and actively compensates the victim to obtain forgiveness, and the victim voluntarily settles, he may be given a lenient punishment. Where the circumstances of the crime are minor, a decision not to prosecute may be made. Requirements:

    In public prosecution cases as follows in Article 277 of the Criminal Procedure Law, 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 reconciles, the parties may reconcile: (1) In cases arising out of a civil dispute and suspected of a crime provided for in Chapters 4 or 5 of the Criminal Law, a sentence of up to three years imprisonment might be given; (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 a crime within 5 years, the procedures provided for in this chapter are not to be applied.

    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 a settlement agreement. Article 279:In cases where a settlement agreement has been 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 of accompanying a companion are minor and a criminal punishment is not 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.

    Article 3 of the Criminal Procedure Law: 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. People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws.

  4. Anonymous users2024-02-08

    Legal Analysis: If the people's court finds that the case is suspected of a crime but is not a civil dispute, Xianghui shall, in accordance with the relevant laws and regulations, rule to reject the prosecution and transfer the relevant materials to the public security organ or procuratorate. In the course of trial, if the public security organ or procuratorate finds that there is a suspicion of an economic crime, and explains the reasons and attaches relevant materials to the court, and the court finds that there is indeed a suspicion of a crime, it shall transfer the case to the public security organ or procuratorate, notify the parties in writing, and refund the case acceptance fee.

    In cases that have already been transferred to the public security organs or procuratorates, and during the investigation by the above-mentioned organs, the parties file a lawsuit with the court on the same grounds, the court shall rule not to accept or reject the prosecution.

    Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning Suspected Economic Crimes in the Trial of Economic Dispute Cases

    Article 11: Where a people's court accepts a case as an economic dispute, and finds through trial that it is not an economic dispute case but is suspected of an economic crime, it shall rule to reject the prosecution and transfer the relevant materials to the public security organ or procuratorate.

    Article 12: In economic dispute cases that have already been filed and tried by a people's court, and the public security organs or procuratorial organs find that there is a suspicion of an economic crime, and explain the reasons and attach relevant materials to the people's court accepting the case, the relevant people's court shall earnestly review it. Where, after review, it is found that there is a real suspicion of economic crimes, the case shall be transferred to the public security organ or procuratorate, and the parties shall be notified in writing and the case acceptance fee shall be refunded; If it is found that Liang Yanmin is indeed an economic dispute case, the trial shall continue in accordance with law, and the relevant public security organs or procuratorial organs shall be notified of the results.

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