Intentional injury Sina blog

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  • / Author: Aaron Lewis
   A minor injuries, intentional injury case can go public prosecution procedure, can also take the private prosecution procedure
    Interpretation of the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" (hereinafter referred to as the criminal law explain) the first rule, the scope of private prosecution cases directly accepted by the people's courts, including the people's Procuratorate no prosecution, the victim has evidence to prove that they are minor criminal cases, including the first paragraph of article 234Th of the criminal lawIntentional injury causing minor injuries.
   Intentional injury causing minor injuries cases by the people's Procuratorate prosecution, also can bring a private prosecution by the prosecutor.
    The parties in the wounded after the injury, has not been established, is public power action report to the public security organs by the public security organs jurisdiction or solve itself (such as the local village committees, neighborhood mediation), the victims have the right to choose.
   The selected report to the public security organs, after forensic victim injuries constitute a minor injury, the public security organs should and must be accepted.
    The public security organs have not accepted, the law entrusts with the victim can bring criminal private prosecution as a remedy. When the public security organs are not placed on file for investigation, the victim can bring criminal private prosecution.

    The criminal procedure law the 172nd regulation, the people's court in a case of private prosecution, mediation may be conducted; private prosecution before a judgment is pronounced, can arrange a settlement with the defendant or withdraw his prosecution. Visible, the private prosecution cases of private prosecution in criminal charges can voluntarily withdraw, after the court review does not violate the law, the general should be supported. The settlement agreement and mutual understanding and mutual accommodation victim even in the court and the defendant or the relatives of the accused in a criminal prosecution, the victim has no right to withdraw the criminal charges, if the defendant compensation for the economic losses, the victim to the court as the defendant, the defendant "intercede" people the best result is sentenced to a suspended sentence.

   The criminal procedure law also states in article 173rd, the defendant in a case of private prosecution in the process of the proceedings, may file a counterclaim counterclaim applicable provisions of the private prosecutor; private prosecution. The counterclaim shall also not apply in the case of public prosecution.

    Obviously, and also is the intentional injury causing minor injuries cases because of private prosecution, public prosecution procedure are different because of different two kinds of results. Most criminal cases of private prosecution in court mediation to the prosecutor withdrawal of criminal charges, the economic loss compensation for the private prosecutor and defendant in case of public prosecution case; in court in public prosecution authority shall have the right to withdraw, the other person, organization shall not withdraw the criminal charges, sentenced the defendant to certain punishment.

   Intentional injury caused by defendant minor injury cases is a matter of private or public prosecution, the defendant constitutes a crime.

   Two, intentional injury causing minor cases of public prosecution, can also be private prosecution, resulting in this kind of case, two regardless of prevarication phenomenon.

    Intentional injury causing minor injuries cases often occur no matter who the embarrassing situation, because this kind of case can be made by a public security organ, the procuratorial organs prosecution investigation, also can bring a private prosecution by the victim.

    In practice, often appear such circumstance: the victim after being injured in the first report, the public security organs (most of the time is the local police station), after identification constitute a minor injury, will inform the victim criminal private prosecution to the people's court.

    In accordance with the law, the public security organs have been placed on file the case constitutes a crime shall be placed on file for investigation, and should not be told to the court the victim.

   For the public security organs have been placed on file the case, the court generally will not be accepted, notify the victim and the public security organs to seek to solve. In this way, the public security organs inform the parties to the court for prosecution, inform the parties to court to seek solutions in the course of time, the public security organ, no one organization to accept, cause the victim into a dilemma, don't know how to find which department to solve their own problems, resulting in the victim's legitimate rights and interests are not protected.

    Three, the party bring a private prosecution, often because of insufficient evidence provided, the legitimate rights and interests have not been effectively protected.

    Cases of private prosecution request the prosecutor has at least criminal procedural knowledge, the ability of proof the plaintiff requirements are relatively high. Interpretation of criminal procedure law provisions of article 186th of the conditions of admissibility of private prosecution case, the article (four) is provided,A case of private prosecution, the defendant must have clear and specific litigation request and can prove that the defendant's criminal evidence.Let the victim provided to prove that the defendant's criminal evidence, difficult for the victim, even if there is a mere witness cases, the victim is also very difficult to collect enough evidence, and there are many cases are only the victim and the offender at. There is not enough evidence, the court can not be accepted, to "there was nowhere." ".