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Public prosecution is the procuratorate that has the right to initiate it, and can only prosecute privately. If, after reporting the case, the public security organ does not file a case, or if the procuratorate decides not to prosecute the case after filing the case, it may conduct a private prosecution. If the procuratorate initiates a public prosecution, you can also file a lawsuit for incidental civil compensation.
Legal analysisThe scope of private prosecution cases directly accepted by the people's courts includes minor criminal cases in which the people's procuratorate has not initiated a public prosecution and the victim has evidence to prove it, including criminal law. Private prosecution cases are the symmetry of public prosecution cases. The victim or legally-designated person is to directly go to the people's court to initiate a lawsuit.
Mediation may be applied in the course of the court's hearing of a private prosecution case. The plaintiff may settle with the defendant before the court makes a judgment, or may withdraw the lawsuit. However, a criminal private prosecutor who is dissatisfied with the first-instance judgment, whether as a victim or as a statutory person, has the right to appeal to the higher people's court.
Those who are dissatisfied with a judgment or ruling that has already taken effect have the right to file an appeal. Cases of intentional injury causing minor injury. According to the relevant laws and regulations, cases of intentional injury causing minor injuries may be prosecuted by the people's procuratorate or by a private prosecutor.
Where the victim of a case of intentional injury causing minor injury directly files a lawsuit with the people's court, the people's court shall accept it in accordance with law. Where the evidence is insufficient and can be accepted by the public security organs, or where it is found that the defendant might be sentenced to a criminal punishment of 3 years imprisonment or more, it shall be transferred to the public security organs for filing and investigation. Where the victim makes an accusation to the public security organs, the public security organs shall accept it.
Legal basisCriminal Procedure Law of the People's Republic of China》 Article 19: The investigation of criminal cases is to be conducted by the public security organs, except as otherwise provided by law. The people's procuratorate may file a case for investigation if the people's procuratorate discovers in the course of exercising legal supervision of litigation activities that judicial personnel abuse their authority to commit crimes that infringe on citizens' rights or harm judicial fairness, such as illegal detention, extortion of confessions by torture, or illegal searches. When it is necessary for the people's procuratorate to directly accept a case of a major crime committed by a state organ employee in the jurisdiction of a public security organ abusing his authority, the people's procuratorate may file and investigate the case upon a decision of the people's procuratorate at the provincial level or above.
Private prosecution cases are to be directly accepted by the people's courts.
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Cases of minor injuries are cases that can be prosecuted privately or publicly, depending on the choice of the victim.
The law stipulates: Article 8 of the Provisions on the Handling of Injury Cases by Public Security Organs: In cases of intentional injury (minor injury) where the victim has evidence to prove, the case-handling personnel shall inform the victim that they may directly file a lawsuit with the people's court. If the victim requests that the public security organs handle it, the public security organs shall accept it.
Article 9: Where cases of intentional injury (minor injury) directly accepted by people's courts are transferred to the public security organs for investigation due to insufficient evidence, the public security organs shall accept them.
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Public prosecution is the right of the procuratorate to initiate, while you can only prosecute yourself. If the police do not file a case after you report the case, or if the procuratorate decides not to prosecute you after filing a case, you can prosecute yourself. If the procuratorate initiates a public prosecution, you can also file a lawsuit for incidental civil compensation.
If the police do not detain him and let him run away, you can reconsider the reasons why the police did not follow the legal procedures. Hope it helps.
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Prosecution is the business of the procuratorate!
Generally, big cases are criminal and civil!
I guess the minor injury is also a private complaint!
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Private prosecution or public prosecution can be used, not necessarily criminal detention, but also release on bail pending trial, in short, responsibility must be pursued.
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Legal Analysis: Whether a fight is a private prosecution or a public prosecution case depends on the circumstances that caused the injury. If more than minor injuries are caused, the defeat is no longer a private prosecution case, and it is a crime of intentional injury as stipulated in the Criminal Law, and the procuratorate shall initiate a public prosecution in accordance with the law.
If minor injuries are caused, the victim may file a private prosecution for demolition and imitation.
Legal basis: Criminal Law of the People's Republic of China
Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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Summary. If the consequences of causing more than minor injuries are caused, it is no longer a private prosecution case, and it is a crime of intentional injury as provided for in the Criminal Law, and the procuratorate shall initiate a public prosecution in accordance with the law. If minor injuries are caused, the victim may file a private prosecution.
If the consequences of minor injuries or more are caused, it is no longer a case of private prosecution and is a crime of intentional injury as provided for in the Criminal Law, and the procuratorate shall initiate a public prosecution in accordance with the law. If minor injuries are caused, the victim may file a private prosecution.
Minor injuries are cases that can be prosecuted both publicly and privately. Public prosecution means that after you report the case, the public town will investigate the chaos and security and the procuratorate will file a lawsuit with the court. Private prosecution is when you have the evidence on your own and then sue the court on your own.
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Minor injuries in a fight can be a public prosecution or a private prosecution. A private prosecution may be instituted for intentional injury causing minor injury. According to the law, criminal liability may be pursued for intentional injury that causes minor skin injury, and such cases are generally prosecuted by the procuratorate.
Article 8 of the Provisions on the Handling of Injury Cases by Public Security Organs: In cases of intentional injury (minor injury) where the victim has evidence to prove, the case-handling personnel shall inform the victim that they may directly file a lawsuit with the people's court. If the victim requests that the public security organs handle it, the public security organs shall accept it. Article 9: Where cases of intentional injury (minor injury) directly accepted by people's courts are transferred to the public security organs for investigation due to insufficient evidence, the public security organs shall accept them.
In the following two circumstances, the victim may also file a private prosecution: 1. If the victim has evidence to prove it, he may directly file a lawsuit with the court, or he may report the case to the public security organ or procuratorate, and the procuratorate will conduct a public prosecution; 2. After the victim reports the case, the Gongxiang security organ or the procuratorate finally makes a decision not to pursue the case.
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Legal Analysis: Intentional injury causing minor injuries is a minor criminal case for which the victim has evidence to prove, and it is a private prosecution case.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
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Intentional injury causing minor injury is a minor criminal case for which the victim has evidence to prove, and is a private prosecution case.
Legal basis
Article 234 of the Criminal Law: Whoever intentionally injures the body of another person is sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
Q: What should I do if I was beaten to the second degree of minor injury, and the police station did not arrest the person for more than 20 days on the grounds that the details of the case had not been clarified? >>>More
As long as the injuries are minor or less, and the victim is not pursued, he does not bear criminal responsibility; If the injury is minor or above, even if the victim is not prosecuted, the public security organ will investigate criminal responsibility in accordance with the law.
It must be signed by the parties to take effect. Except for compulsory enforcement, if the parties cannot be authenticated for some reason, it may be signed by the statutory person to take effect. In accordance with the Criminal Law of the People's Republic of China and relevant judicial interpretations: >>>More
A month after the fight with someone else, he reported the case, but he was not injured, and usually the police will not accept it because the case is minor and has not led to any consequences. In addition, it is difficult to obtain evidence, and it is a civil dispute, which is usually mediated. >>>More