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What are the parties to criminal proceedings

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What are the parties to criminal proceedings


        

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  • 2024-06-19 12:00:01

    Parties to criminal proceedings include victims, private prosecutors, criminal suspects, defendants, and plaintiffs and defendants in incidental civil actions.
    1. Victims. The victim in criminal proceedings usually refers to the victim in public prosecution cases.
    2. A private prosecutor refers to a person who directly brings a criminal suit to a people's court in the name of an individual in a private prosecution case and requests that the defendant be investigated for criminal responsibility. The private prosecutor shall assume the prosecution function.
    3. The criminal suspect and the defendant are two kinds of names for the person who is suspected of committing a crime and is subject to criminal prosecution. In a case of public prosecution, the person under criminal prosecution is called a criminal suspect before the procuratorial organ initiates a public prosecution to the people's court; After the procuratorial organ formally initiates a public prosecution to the people's court, it is called the defendant.
    4. The parties to an incidental civil action include the plaintiff and the defendant in the incidental civil action.

    Legal basis: Criminal Procedure Law of the People's Republic of China

    Article 14 The people's courts, the people's procuratorates and the public security organs shall safeguard the right to defence and other procedural rights enjoyed by criminal suspects, defendants and other participants in the proceedings according to law.
    Participants in the proceedings have the right to file charges against judges, procurators and investigators for acts that infringe upon citizens' procedural rights and humiliate their persons.

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