Criminal litigation is the legitimate rights and interests of every citizen to meet his hurt when exercising a right, is a means to have a problem to solve, apply to court for the criminals to be investigated for criminal responsibility according to law. The general criminal procedure has detailed rules and instructions in the criminal law to regulate the use of criminal proceedings. What are the rules for the treatment of private prosecution cases? The following is detailed.

1. Legal basis of the case of private prosecution

Article 171 the people's court shall, after the examination of the case of private prosecution, deal with it in accordance with the following situations:

(1) if the facts of the crime are clear and there is sufficient evidence, the case shall be held in court;

(2) if the complainant does not provide supplementary evidence, he shall persuade the private prosecutor to withdraw his own case, or the decision shall be rejected.

If the complainant has been summoned twice in accordance with the law and refuses to appear in court without justified reasons, or if he or she is withdrawn from the court without the permission of the court, the case shall be dismissed.

In the course of the court proceedings, the judges shall have questions on the evidence, which shall be investigated and verified, and the provisions of article 158 of this law shall apply.

2. The handling provisions of private prosecution cases

1. The case shall be divided into different situations and different processing decisions shall be made:

First, if a crime is clear and there is sufficient evidence, the trial shall be held.

Second, if there is a lack of evidence, the complainant shall be required to provide supplementary evidence, otherwise he shall be persuaded to withdraw his own lawsuit or to dismiss the suit. About a situation after the treatment, the scope of "XingSu explain" the 188th made a more detailed and expansionary explanation, especially should pay attention to one of the two situations: one is besides dropped due to lack of evidence, private prosecutor dropped on the same facts again after tell; Second, after the settlement of the court settlement, the private prosecutor repented and told the same facts.

2, for a case of private prosecution, which has been filed through examination of criminal evidence is lacking, ask him to provide supplementary evidence, otherwise should convince the withdraw his prosecution or order its rejection, but after the private prosecutor and puts forward a new evidence to prove the defendant guilty again filed a private prosecution, the court shall entertain the case.

3, after the court accepts a case of private prosecution, the private prosecutor summoned twice, in accordance with the law and the private prosecutor refuses to appear in court without justified reasons, or without the permission of the court and the way of leaves, should be the case. The court shall examine if the case is withdrawn, if it is voluntary, the court shall grant that it shall not be permitted if it is forced or threatened rather than voluntarily. In the same way, the parties involved in the case can also reconcile themselves.

4, according to the provisions of article 172 of this law, a case of private prosecution can mediate, but as provided for in item (3) of article 170 of the type of a case of private prosecution (namely originally belong to public prosecution, but the public security organ or the procuratorial organ shall not be shall be investigated for criminal responsibility according to the defendant and the victim in a case to court) cannot apply conciliation. It can be seen that not all cases of private prosecution can be applied to mediation. Basis "XingSu explain" the provisions of article 200, a settlement agreement is reached by conciliation, a conciliation statement shall be paid by the court after the conciliation statement of the effect of time is the parties shall have legal effect once signed, if no mediation agreement or the parties (either side) before the conciliation statement to sign for regretting, the court shall be conducted.

5, a case of private prosecution cases not only have the right to withdraw, reconciliation, according to the provisions of article 193 of the "XingSu explain", there is a certain degree to choose the defendants' rights, namely the private prosecutor knowing that other common infringer, but only from the part of the infringer filed a private prosecution, the court shall accept the application, and as for the other infringer let authority, after the judgment is pronounced him again for other common infringer on the same facts filed a private prosecution, the court no longer accept; For common only part of the victim told the court shall notify the other to participate in litigation, the victim was informed after received notice said not to participate in litigation or not appear in court, is considered as a waiver told the rights of first instance verdict, be notified on the same facts and filed a private prosecution, the court will no longer accept, but it may be filed a civil lawsuit.

Can know from the above content points processing regulations about a case of private prosecution is in different conditions have different rules, generally in a case if the parties can provide enough evidence, can immediately open a court session to hear a, to safeguard the legitimate rights and interests of the parties, if there is no enough evidence is not normal to trial, are likely to be rejected.