The tenth chapter Cases of private prosecution procedure of first instance

 

Article 259th  The people's Court of accepting a case of private prosecution must meet the following conditions:

(a) in accordance with the provisions of the 204th criminal procedure law, the first article of this interpretation;

(two) under its jurisdiction;

(three) the victim told;

(four) people, the specific claim and prove that the defendant's criminal evidence.

Article 260th  Provisions of Article 1 of this interpretation of the case, if the victim's death, incapacity or can't tell because of coercion, intimidation, or with limited capacity and because of old age, illness, blind, deaf, dumb and not to tell, his legal representative, close relative or to tell tell, the people's court shall acceptance.

The victim's legal representative, close relative or to tell tell, that shall provide reasons and prove that the victim and the victim can not personally tell the relationship.

Article 261st  Bring a private prosecution shall submit the criminal complaint; at the same time to file an incidental civil action, shall submit the incidental civil to criminal prosecution.

Article 262nd  Complaint shall include the following contents:

(a) the private prosecutor (to tell), the defendant's name, gender, age, nationality, was born, culture degree, occupation, work unit, address, contact method;

(two) the defendant committed in the time, place, circumstances and consequences, etc.;

(three) the specific claim;

(four) to the people's court sent and shape of time;

(five) the name of the source of evidence, etc.;

(six) the name, address, contact method etc..

The proposed tell the two or more defendants, shall provide the copy number of private prosecution in accordance with the defendant.

Article 263rd  In a case of private prosecution, the people's court shall complete the examination within fifteen days. After review, in line with the conditions of admissibility, it shall decide to initiate, and notify the private prosecutor or to tell people.

Any of the following circumstances, should persuade people to withdraw the prosecution of private prosecution; the private prosecutor not withdraw prosecution, ruled inadmissible:

(a) does not belong to the interpretation of the provisions of the first case;

(two) the lack of evidence;

(three) the limitation period for prosecution of the crime has been;

(four) the defendant's death;

(five) the defendant One's whereabouts is a mystery.;

(six) except for lack of evidence the withdrawal of the suit, the private prosecution after withdrawal, on the same facts and tell;

(seven) the court mediation, the private prosecution estoppel, the same fact to tell.

Article 264th  To have been placed on file, the case of private prosecution review of criminal evidence is lacking, the private prosecutor no additional evidence, the people's court shall persuade them to withdraw the prosecution or reject it; the prosecutor to prosecute or rejected prosecution, and put forward to prove the defendant guilty of new evidence, once again bring a private prosecution, the people's court shall acceptance.

Article 265th  The private prosecutor refuses to accept or reject the decision to prosecute, it may file an appeal.

The people's Court of second instance to the people's Court of first instance made inadmissible decision is wrong, should cancel the original ruling at the same time, the instruction of first instance in the people's court accepted; find out the people's Court of first instance court decision is wrong, should be in the revocation of the original decisions at the same time, the people's Court of first instance trial instruction.

Article 266th  The private prosecutor knowing that there are other common offender, but only on the part of the infringer bring a private prosecution, the people's court shall accept the case, and told to abandon its legal consequences tell; private prosecutor to tell, after declaration of judgment on other common people the same fact bring a private prosecution, the people's court shall not accept the.

Common victim in only some people tell, the people's court shall notify the other victims to participate in litigation, and told not to participate in the litigation legal consequences. Notify party after receiving the notice said not to participate in litigation or non appearance, deemed to have waived told. The first instance verdict, notify the same fact and bring a private prosecution, the people's court shall not accept the. However, the parties shall file a civil lawsuit, not subject to the limitation of interpretation.

Article 267th  The implementation of more than two criminal behavior, belonging to the cases of public prosecution and private prosecution cases, the people's court may be heard. The private part of the trial, the provisions of this chapter shall apply.

Article 268th  Cases of private prosecution evidence because of objective reasons can not be achieved, apply to the people's court to obtain, it shall explain the reasons, and provide clues or materials. The people's court considers necessary, shall timely.

Article 269th  On the criminal facts are clear, there is a case of private prosecution shall be sufficient evidence, the trial.

Article 270th  A case of private prosecution, in accordance with the applicable conditions of summary procedure, to apply the simple procedure.

Do not apply to private prosecution cases of summary procedure, with reference to the relevant provisions of applicable in cases of public prosecution the ordinary procedure of first instance.

Article 271st  The people's court hearing a case of private prosecution, to ascertain the facts, to distinguish between right and wrong on the basis of mediation, on a voluntary, legal principles. Conciliation agreement, the mediation shall be made, signed by the judicial officers and the court clerk, and sealed by the people's court. Mediation by the parties shall sign, which have the force of law. If mediation fails to reach agreement, or mediation before signing receipt of Party estoppel, shall promptly make a decision.

Provisions of article third and 204th of the criminal procedure law case does not apply mediation.

Article 272nd  Before the judgment is pronounced, the case of private parties can self reconciliation, the prosecutor may withdraw his prosecution.

The people's court after examination, that the settlement, to withdraw the prosecution is voluntary, should be ruled to permit; that is forcing, threatening, not voluntary, shall not be permitted to.

Article 273rd  A case of private prosecution to withdraw or ruling parties become reconciled, the defendant was forced to take measures, the people's court shall immediately lift.

Article 274th  The private prosecutor after two summons, refuses to appear in court without justified reason, or without court permission to withdraw from, the people's court shall order the withdrawal treatment.

Part of the private prosecutor withdrawal or ruled by withdrawing treatment, does not affect the case to trial.

Article 275th  The defendant in a case of private prosecution One's whereabouts is a mystery. during the trial, the people's court shall rule to suspend the trial. The defendant in custody, shall resume the hearing, when necessary, take compulsory measures against the defendant in accordance with the law.

Article 276th  In a case of private prosecution, shall, with reference to the relevant provisions of the criminal procedure law and the interpretation of article 195th article 241st of the judgment of acquittal cases; in accordance with the law, the civil part shall conduct mediation or judgment shall be.

Article 277th  Tell just processing and the victim has evidence to prove that they are minor criminal defendants or their legal representatives in the litigation process, may file a counterclaim to the private prosecutor. The counterclaim must meet the following conditions:

(a) a counterclaim object must be in the case of private prosecution;

(two) the counterclaim content must be related to the case behavior;

(three) the counterclaim cases must be in conformity with the provisions of Article 1 of this interpretation, the first second.

The provisions of private prosecution counterclaim cases shall be heard, together with the cases of private prosecution. The prosecutor withdrawal, does not affect the counterclaim cases continue the trial.

 

The eleventh chapter Unit crime case trial

 

Article 278th  The people's court accepts the case of unit crime, in addition to review in accordance with the relevant provisions of the interpretation of article 180th, also should review whether the column name, the domicile of the defendant units, contact information, legal representative, the main person in charge of the unit and representative litigation representative tribunal's name, position, contact. To the people's Procuratorate for supplementary materials, shall notify the people's Procuratorate to send up to three days.

Article 279th  Litigation on behalf of the accused unit, shall be the legal representative or principal responsible person; the legal representative or principal responsible person accused persons directly in charge of the unit crime or unable to appear in court because of objective reasons, shall be made by the defendant units entrust other responsible person or the employees as the litigation representative. However, the other persons who are directly responsible persons accused of unit crime or knows the case to testify obligations, except for.

Article 280th  Hearing the case of unit crime, litigation representative shall notify the unit's court; no litigation representative to participate in the proceedings, shall request the people's Procuratorate identified.

Litigation on behalf of the accused unit who does not appear in court, shall handle it according to the following circumstances:

(a) the legal representative system of litigation representative of the unit or person in charge, refuses to appear in court, the court may summon; unable to appear in court because of objective reasons, or One's whereabouts is a mystery., shall request the people's Procuratorate shall determine the litigation representative;

(two) other personnel department accused unit litigation representative, shall request the people's Procuratorate shall determine the litigation representative to appear in court.

Article 281st  Litigation representative accused unit people to enjoy the provisions of the criminal procedure law litigation rights. In court, the litigation representative seats in the judgment seat on the left side, in parallel with the defender mats.

Article 282nd  The defendant unit to entrust defenders, the relevant provisions of this interpretation of the applicable.

Article 283rd  To be recognized for the unit crime, the people's Procuratorate only as natural person crime prosecution, the people's court shall advise the people's Procuratorate to the criminal unit supplementary prosecution. The people's Procuratorate to natural person crime prosecution, the people's court shall review the unit crime, according to the directly responsible person in charge and other persons directly responsible shall be investigated for criminal responsibility, criminal law and quoted about unit crime member in charge held directly responsible and other persons directly responsible for the criminal liability clause.

Article 284th  The illegal income accused unit and its fruits, has not yet been recovered or attachment, seizure, freezing, the people's court shall decide, seizure, freezing or seizure.

Article 285th  In order to ensure the execution of the judgment, the people's court may be seized, seizure, freezing the defendant units of property, or by the unit puts forward guarantee.

Article 286th  During the trial, the defendant unit revocation, cancellation, its business license shall be revoked or declared bankrupt, the person in charge directly responsible and other persons directly responsible for the crime of the hearing shall continue.

Article 287th  During the trial, the defendant units merge, split, the original unit shall be listed as the unit, and indicate the merger, division of. The defendant unit fines imposed by its limited in property and income of the new unit.

Article 288thThe trial of the case of unit crime, not covered in this chapter, the relevant provisions of this interpretation of the applicable.