Which private prosecution cases can be prosecuted, and which cases can be prosecuted and private pro

The people's procuratorate has not initiated a public prosecution and the victim has evidence to prove a minor criminal case, it may initiate a private prosecution: intentional injury case; Trespass to a dwelling; Infringement of freedom of communication; bigamy cases; cases of abandonment; Cases of production or sale of counterfeit and shoddy goods (except where social order and national interests are seriously endangered); Wait a minute.

(2) Minor criminal cases in which the victim has evidence to prove as provided for in Article 171 of the Criminal Procedure Law; (3) Cases where the victim has evidence showing that the defendant's conduct violating his or her personal or property rights 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. These two types can be private prosecution or public prosecution.

Whereas: (1) Cases that are handled only after being told. That is: (1) cases of insult or defamation (as provided for in Article 246 of the Criminal Law, except for those that seriously endanger social order and national interests);

2) Cases of violent interference with the freedom of marriage (as provided for in the first paragraph of Criminal Law article 257);

3) Cases of abuse (as provided for in the first paragraph of Criminal Law article 260);

4) Cases of embezzlement (as provided for in Article 270 of the Criminal Law). For example, in the Liang Li case, in the end, because it was determined that it was a crime of embezzlement, the prosecutor finally withdrew the prosecution and gave the right to prosecute to the owner.

What you are asking is a matter of jurisdiction over the filing of a case. If it is a public prosecution case, and the public and procuratorate should file the case but do not file the case, they may directly prosecute it privately (there is evidence to prove that the defendant violated your personal or property rights). If the private prosecution case is a public prosecution and the public prosecution organ does not prosecute, then you can choose to prosecute privately or apply to the procuratorate for reconsideration.

There are three main types of private prosecution cases: minor criminal cases with evidence, and evidence to prove that the defendant violated your personal and property rights, and the public prosecutor should file a case but not file a case (choose private prosecution).

1. Intentional injury (minor injury).

2. Cases of illegal invasion of residences.

3. Cases of infringement of freedom of communication.

4. Bigamy.

5. Abandonment cases.

6. Cases of production and sale of counterfeit and shoddy goods (as provided for in Section 1 of Chapter 3 of the Specific Provisions of the Criminal Law, except for those that seriously endanger social order and national interests).

7. Intellectual property infringement cases.

8. Cases that are provided for in Chapters 4 and 5 of the Criminal Law, and where the defendant might be sentenced to up to three years imprisonment.

Can a private prosecution case be private?

In criminal cases, the victim and his legally-designated ** person or close relatives file a lawsuit with the people's court on their own in order to pursue the defendant's criminal responsibility, and the people's court directly accepts the criminal case. "Private" is a common name for the people's self-settlement between the two parties to the litigation, which refers to a litigation behavior in which the parties to the case reach a settlement agreement and resolve the dispute through their own negotiation in the course of litigation. Article 172 of the Criminal Procedure Law stipulates that the people's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution.

However, mediation is not used in cases provided for in Article 172 (3) of this Law.

Since then, it can be seen that the settlement of the virtual brigade and the withdrawal of the lawsuit are both the litigation rights of the parties. Where the parties reach a settlement agreement on their own and request to withdraw the lawsuit, they shall conduct a review. Where the content of the settlement agreement complies with the provisions of law, does not violate the principle of voluntary equality between the parties, and does not harm the interests of others, the court may permit it in accordance with law.

The settlement agreement reached by the parties themselves shall also be consciously performed. If, after withdrawing the lawsuit, one party does not perform the agreement, the other party may file a separate lawsuit.

Criminal cases are divided into private prosecution cases and public prosecution cases, but this division is not absolute, and there are some cases with special circumstances, which can be both private prosecution and public prosecution, of course, at this time it is necessary to distinguish the criminal situation. At the same time, it should also be noted that there may be situations where a private prosecution case is converted into a public prosecution case, or a public prosecution case is converted into a private prosecution case. In the case of a private prosecution, the victim and his or her family are often required to file a private criminal prosecution with the people's court in accordance with the law.

Legal basis

Code of Criminal Procedure

Article 189:When people's courts hear public prosecution cases, the people's procuratorate shall appoint personnel to appear in court to support the prosecution.

Article 210:Private prosecution cases include the following cases:

1) Cases that are handled only upon 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 his or her personal or property rights 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.

Private prosecution cases can be transferred to public prosecution.

It is found that the criminal suspect's conduct has endangered the interests of the state; or where it is discovered that the nature of the case is not the crime charged in the private prosecution, it may be changed to a public prosecution case. In judicial practice, where the crime of intentional injury causes minor injuries to the victim, sometimes when it is difficult for the private prosecutor to collect evidence, upon application, there is also a possibility that it may be converted into a public prosecution case, and the public security organ will re-file the case for investigation.

Article 211 of the Criminal Procedure Law, after the people's court reviews Wu Xiaoda's private prosecution case, it is to handle it in accordance with the following circumstances:

1) In cases where the facts of the crime are clear and there is sufficient evidence, it shall be tried;

2) In private prosecution cases where there is a lack of criminal evidence, if the private prosecutor is unable to submit supplementary evidence, the private prosecutor shall be persuaded to withdraw the private prosecution, or a ruling shall be made to reject it.

Where a private prosecutor refuses to appear in court without a legitimate reason after being summoned twice in accordance with law, or leaves court without the court's permission, it is to be handled as a prudent withdrawal of the case.

Where adjudicators have doubts about the evidence during the course of trial and need to investigate and verify, the provisions of article 196 of this law apply.

OK. When it is found that the nature of a private prosecution no longer meets the requirements of a private prosecution, it will generally be converted into a public prosecution case. Symmetry of private prosecution cases and public prosecution cases.

That is, a case in which a private prosecutor initiates a lawsuit. Private prosecution cases in China are handled only after prosecution, as well as other minor criminal cases that do not require investigation, such as ordinary assault cases, blatant insult and defamation cases, refusal to enforce judgments and rulings, violent interference with the freedom of marriage, bigamy cases, sabotage of military marriages, abuse cases, and abandonment cases.

Article 211 of the Criminal Procedure Law of the People's Republic of China: After the people's courts conduct a review of a private prosecution case, they shall handle it in accordance with the following distinct circumstances: (1) Where the facts of the crime are clear and there is sufficient evidence, the case shall be tried first; 2) In private prosecution cases where there is a lack of criminal evidence, if the private prosecutor is unable to submit supplementary evidence, the private prosecutor shall be persuaded to withdraw the private prosecution, or a ruling shall be made to reject it. Where a private prosecutor refuses to appear in court without a legitimate reason after being summoned twice in accordance with law, or leaves court without the court's permission, it is to be handled as a withdrawal of the lawsuit.

Where, during the course of trial, adjudicators have doubts about the evidence and need to investigate and verify, apply the provisions of article 196 of this Law.

(2) Minor criminal cases in which the victim has evidence to prove as provided for in Article 171 of the Criminal Procedure Law; (3) Cases where the victim has evidence proving that the defendant's conduct violating his or her personal or property rights shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorates do not pursue the defendant's criminal responsibility. These two types can be private prosecution or public prosecution. While:

1) Cases that are handled only upon complaint; That is: (1) cases of insult and defamation (as provided for in Article 246 of the Criminal Law, except for those that seriously endanger social order and national interests); 2) Cases of violent interference with the freedom of marriage (as provided for in Article 257, Article 1 of the Criminal Law); 3) Cases of abuse (as provided for in the first paragraph of Criminal Law article 260); 4) Cases of embezzlement (as provided for in Article 270 of the Criminal Law).