1, with different definitions. Private prosecution is a criminal case that the victim or his legal representative or close relatives directly file a lawsuit with the judicial organ to investigate the criminal responsibility of the defendant, and the judicial organ directly accepts it; Public prosecution is a litigation activity in which the people's procuratorate appeals to the people's court against the criminal behavior of the criminal suspect, asking the court to determine the facts of the crime through trial and punish the criminal;
2. Different litigants. Private prosecution is a lawsuit filed by the parties themselves, and public prosecution is a lawsuit initiated by the procuratorate; Public prosecution is a lawsuit brought by the procuratorate to the court on behalf of the state.
Legal basis: Article 2 12 of the Criminal Procedure Law of People's Republic of China (PRC).
The people's court may mediate a case of private prosecution; Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. Mediation is not applicable to cases specified in Item 3 of Article 210 of this Law.
The time limit for the people's court to hear a case of private prosecution, and if the defendant is detained, the provisions of paragraphs 1 and 2 of Article 208th of this Law shall apply; Those who are not in custody shall be sentenced within six months after accepting the case.
What is the procedure for bringing a private prosecution?
1. Prepare relevant materials. Such as identification materials, evidence materials, private prosecution, etc. ;
2. Bring a private prosecution to the people's court. The subject of private prosecution should conform to the law;
3, the people's court shall accept the examination. If the conditions for private prosecution are not met, the people's court shall reject it according to law. The people's court has the obligation to promptly inform whether to file a case.