Traditional Culture Encyclopedia - Traditional stories - The difference between prosecution and private prosecution
The difference between prosecution and private prosecution
According to China's traditional criminal procedure law, the vast majority of criminal cases are investigated by the public security organs, the collection of evidence of the crime, the Procuratorate is responsible for examining whether the evidence of the crime is indeed sufficient, whether criminal responsibility should be pursued, and decide whether to prosecute. Victims only provide the public security organs with clues to the evidence of the crime, to assist the public security organs in solving the case, and are not qualified to go to the court to prosecute themselves.The Criminal Procedure Law as amended in 1979 listed the victim as one of the parties, and added the provision that the victim can bring a private prosecution. The above is the difference between private prosecution and public prosecution
Legal Objective:Article 169 of the Criminal Procedure Law of the People's Republic of China (PRC) All cases that require the filing of a public prosecution shall be examined and decided by the People's Procuratorate. Article 210 of the Criminal Procedure Law of the People's Republic of China*** and the People's Republic of China Self-prosecution cases include the following cases: (a) cases handled only by telling; (b) minor criminal cases proved by the victim with evidence; (c) cases in which the victim has evidence to prove that the defendant's infringement of his personal and property rights should be held criminally liable according to the law, while the public security organs or people's procuratorates do not hold the defendant criminally liable. The case of the victim has evidence that the public security organs or the people's procuratorate do not hold the defendant criminally liable for violating his or her personal and property rights.
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