Wang Mou is complained for discharge illicit beat up Han Mou to send its head to get hurt, appraisal of legal medical expert is slight injury. Wang Mou is this pay be bailed out protects await trial deposit 5000 yuan, remedial charge is close 4000 yuan. Because Han Mou hurts delay one's work 40 days, paid medical treatment to expend more than yuan 10 thousand. Wang Mou rejects to continue to pay medical treatment cost and fee of delay one's work. The procuratorate thinks this case can't be sued. Han Mou mentions to people court then criminal lawsuit. Han Mou whether mention private prosecution?
Private prosecution case is to show the injured party reachs his legal representative is factitious the criminal duty that investigates the accused person lawfully direct the criminal case to people court to lodge a complaint.
According to the regulation of procedural law of our country criminal, private prosecution case includes following case: It is the case that tells ability processing, 2 it is the slight criminal case that the injured party has evidence to prove, 3 it is the case that the action that the injured party has evidence to prove the accused person violates property right of authority of body of people on one's own side, money should investigate criminal duty lawfully and public security mechanism or people procuratorate do not grant to investigate duty of criminal of the accused person.
According to the provision that judicatory of criminal procedural law explains, mention private prosecution ought to submit criminal petition, accessary and civil suit mentions in the meantime, ought to submit form of accessary and civil private prosecution. This explanation still stipulated the specific provision content of private prosecution shape ought to include the following content: It is private prosecution person tells a person for you, means of rate of the full name of the accused person, sexual distinction, age, nation, birthplace, literacy, profession, job, unit, address, connection, the 2 time that are executive crime of the accused person, place, method, clue, harm consequence. 3 it is specific litigant request. 4 be, send sent people court and the time that have state, the 5 name origin that are evidence, means of the 6 full names that are a witness, address, connection. Put forward to tell to the accused person of two above, ought to provide the copy of private prosecution shape according to the number of the accused person.
Private prosecution person knows perfectly well person of other and collective enroach on, but mention to person of partial enroach on only of private prosecution, people court ought to be accepted and inform its to abandon told legal consequence. Private prosecution person abandons telling, after the court decision proclaims, be opposite again other mention with respect to same fact with enroach on person of private prosecution, people court does not grant to accept.
Only partial person tells in collective the injured party, the law that people court ought to inform to other the injured party attends lawsuit to inform its not to join suit is sequential. Be regarded as to abandon telling by what after the notifier receives an announcement, express not to attend lawsuit to perhaps do not appear in court. After first instance is adjudged, be mentioned with respect to same fact by the notifier of private prosecution, people court does not grant to accept. But party mentions separately civil suit does not accept this explanatory restriction.
The accused person carries out two above criminality, belong to private prosecution case and public prosecution case respectively, people court can be tried along with all the others. Applicable to the partial cognizance of an account in one's own words this section provision.
