Circumstances where the parties may reach a settlement in foreign-related private prosecution criminal cases

Private prosecution cases refer that where to accuse the criminal responsibility of the defendant, the victim or his legal agent files a suit before a people’s court by themselves, and the people’s court directly accepts the case. Private prosecution cases include the following categories of cases: (1) a case to be handled only upon complaint; (2) a minor criminal case which the victim has evidence to prove; and (3) a case where a victim has evidence to prove that the defendant has infringed his personal or property rights and shall be subject to criminal liability in accordance with law but a public security organ or a people’s procuratorate decides not to accuse the defendant of criminal liability.

For a private prosecution case, the people’s court shall conduct mediation on the basis of finding out the facts and distinguishing between right and wrong, and according to the principle of free will and legitimacy. Where a settlement agreement is reached by mediation, a criminal mediation statement shall be made, which will be signed by the judges and the court clerk, and sealed by the people’s court. After signed and accepted by the parties, the mediation agreement will become legally effective. If during the mediation the parties fail to reach an agreement, or they regret before the mediation statement is signed and accepted, a judgment shall be made in a timely manner. Mediation shall not apply to cases where the victim has evidence to prove that the defendant has infringed his personal or property rights and shall be subject to criminal liability in accordance with law but a public security organ or a people’s procuratorate decides not to accuse the defendant of criminal liability.

The parties of a private prosecution case may voluntarily reach a settlement and the party who files a private prosecution case may withdraw the private prosecution. Upon examination, where the people’s court deems that the settlement and the withdrawal of the private prosecution is voluntary, the court shall approve it; where the people’s court deems that it is forced or threatened, and are not voluntary, the court will not approve it.