SECTION 2 CASES OF PRIVATE PROSECUTION
Article 170 Cases of private prosecution include the following:
(1) cases to be handled only upon complaint;
(2) cases for which the victims have evidence to prove that those are
minor criminal cases; and
(3) cases for which the victims have evidence to prove that the
defendants should be investigated for criminal responsibility according
to law because their acts have infringed upon the victims' personal or
property rights, whereas, the public security organs or the People's
Procuratorates do not investigate the criminal responsibility of the
accused.
Article 171 After examining a case of private prosecution, the People's
Court shall handle it in one of the following manners in light of the
different situations:
(1) If the facts of the crime are clear and the evidence is sufficient,
the case shall be tried at a court session; or
(2) In a case of private prosecution for which criminal evidence is
lacking, if the private prosecutor cannot present supplementary
evidence, the court shall persuade him to withdraw his prosecution or
order its rejection.
If a private prosecutor, having been served twice with a summons
according to law, refuses to appear in court without justifiable
reasons, or if he withdraws from a court session without permission of
the court, the case may be considered withdrawn by him.
If during the trial of a case the judges have doubts about the evidence
and consider it necessary to conduct investigation to verify the
evidence, the provisions of Article 158 of this Law shall apply.
Article 172 A People's Court may conduct mediation in a case of private
prosecution; the private prosecutor may arrange a settlement with the
defendant or withdraw his prosecution before a judgment is pronounced.
Mediation shall not be conducted for cases stipulated in sub-paragraph
(3) of Article 170 of this Law.
Article 173 In the process of the proceedings, the defendant in a case
of private prosecution may raise a counterclaim against the private
prosecutor. The provisions governing private prosecutions shall apply to
counterclaims.
SECTION 3 SUMMARY PROCEDURE
Article 174 The People's Court may apply summary procedure to the
following cases, which shall be tried by a single judge alone:
(1) cases of public prosecution where the defendants may be lawfully
sentenced to fixed-term imprisonment of not more than three years,
criminal detention, public surveillance or punished with fines
exclusively, where the facts are clear and the evidence is sufficient,
and for which the People's Procuratorate suggests or agrees to the
application of summary procedure;
(2) cases to be handled only upon complaint; and
(3) cases prosecut[1] [2] [3] [4] [5] [6] 下一页
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