Assisting in private prosecution
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- Last updated：2019-04-25
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According to the Code of Criminal Procedure, a person who is injured by the commission of a crime may initiate a private prosecution if he/she has the legal capacity. But if he/she is a person without or with limited legal capacity or dead, his/her statutory agent, lineal ascendant, or spouse may initiate a private prosecution. If proper assistance is not rendered to those people ignorant of laws or legal proceedings, who are initiating private complainants are as a result not substantially protected. Thus, regarding those cases of private prosecution notified with the date of hearing by the court, the prosecutor shall render his/her assistance by expressing opinions if he/she has factual or legal opinions or thinks the case is seriously concerned with the legal interest of the State or society.
If a complainant, after initiating his/her private prosecution, is found hesitating or unable to proceed or withdraws his/her private prosecution because of correction or inducements made by the accused, and the consequence is serious, and the prosecutor shall take charge of the private prosecution.