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How long does the criminal private prosecution court file a case

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How long does the criminal private prosecution court file a case


        

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  • 2024-06-05 16:00:48

    The people's court shall complete the examination of a case of private prosecution within 15 days. If, upon examination, the conditions for acceptance are met, a decision shall be made to file the case and a written notice shall be given to the private prosecutor or the person who told the case on his behalf.

    If the private prosecutor cannot provide supplementary evidence for a private prosecution case that has been filed but lacks criminal evidence after examination, the people's court shall persuade him to withdraw the prosecution or order him to dismiss the prosecution; If the private prosecutor withdraws the prosecution or is dismissed from the prosecution, and then provides new evidence sufficient to prove the defendant's guilt, and brings a private prosecution again, the people's court shall accept it.

    [Legal Basis]

    In Article 211 of the Criminal Procedure Law, the people's court, after reviewing a case of private prosecution, shall deal with it according to the following circumstances:

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

    (2) In a case of private prosecution lacking criminal evidence, if the private prosecutor cannot provide additional evidence, he shall be persuaded to withdraw his private prosecution or a ruling shall be made to reject it.

    If the private prosecutor refuses to appear in court without justifiable reasons after being summoned twice according to law, or withdraws from court midway without the permission of the court, the case shall be dismissed. In the course of court proceedings, if the judges have doubts about the evidence and need to investigate and verify it, the provisions of Article 196 of this Law shall apply.

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    2024-06-05 16:00:48

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