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Whether criminal responsibility can be investigated after civil judgment

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Whether criminal responsibility can be investigated after civil judgment


        

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  • 2024-06-19 18:01:46

    Whether the criminal responsibility can be investigated after the civil judgment requires specific analysis of specific issues. The plaintiff in civil proceedings is the party to the case, while the plaintiff in criminal proceedings is the national public prosecution organ. After the judgment of the court becomes effective, if the defendant does not appeal, the case will enter the execution stage. Generally, there will be no subsequent criminal proceedings. However, if the case meets certain conditions, it can still be filed for investigation.
    Legal basis:
    According to Article 12 of Several Provisions of Public Security Organs on Handling Economic Crime Cases
    The case that needs to be filed for investigation and the civil case that the people's court accepts or makes an effective judgment or ruling belong to the same legal fact. If one of the following conditions is met, the public security organ shall file the case for investigation:
    (1) The people's court decides to transfer the case to the public security organ or revoke the judgment or order;
    (2) The People's Procuratorate notifies the public security organ to file the case according to law.
    Article 13 stipulates that:
    If the case that needs to be filed for investigation and the civil case that the people's court has accepted or made an effective judgment or ruling are not the same legal fact, the public security organ can directly file the case for investigation, but cannot request the people's court to rule to dismiss the prosecution, suspend the trial or revoke the judgment or ruling on the grounds of criminal filing.

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