Criminal Appeal 1 Appellant: Wu xx, male. 20XX was criminally detained by XXX Public Security Bureau on August 7th on suspicion of contract fraud, and has been detained in Bengbu No.1 Detention Center ever since.
The appellant refused to accept criminal judgment of Bengbu Intermediate People's Court (20XX) and appealed according to law.
Appeal request
We request your hospital to cancel the criminal judgment of XXX Intermediate People's Court (20XX) No.20 at the beginning of the sentence and declare the appellant innocent according to law.
grounds of appeal
First, the first-instance judgment found that the facts were wrong
The judgment of the first instance held that the appellant "cheated others of 3 million yuan by using financing as bait and only providing self-made superficial written materials without substantive work", which was neither confirmed by evidence nor completely inconsistent with the facts.
(1) The focus of this case: the nature of 3 million yuan.
In this case, the appellant did receive RMB 3 million remitted by the legal representative of XXX Co., Ltd. (hereinafter referred to as XX Company) on behalf of XX Company, but why did XX Company remit this RMB 3 million? What is the nature of this 3 million yuan? This is the focus of this case and the key to the appellant's guilt and innocence.
65,438+0,300,000 yuan is the agreed deposit paid by XX Company to fulfill the sales contract.
At the beginning of 20XX, the appellant met XXX, the representative of XX company, who said that XX company could produce rapeseed oil for export. Considering the trend of biodiesel replacing grease in European and American markets (rapeseed oil can be used as raw material for biodiesel production), the appellant agreed that XXX would negotiate with XX Company on behalf of Singapore AP Company (the appellant is a director of Singapore AP Company and a representative of China). 20XX On March 22nd, Mr. Lam Kwong Hee, manager of Singapore ap Company, signed a sales contract with Mr. XXX, chairman of XX Company (contract number: 05by-ap0 1). According to the contract, the transaction amount of 1 10,000 tons of rapeseed oil is US$ 5.8 million. The buyer Singapore AP Company applied to the buyer's bank to open a letter of credit as the payment method (Article 10 of the contract), and the seller XX Company applied to the bank to issue a performance guarantee (gold). If XX Company breaches the contract, the buyer has the right to occupy the deposit (article 15 of the contract). However, during the performance of the contract, XX Company claimed that it could not get the bank to issue a performance guarantee letter, and invited the appellant to negotiate in Bengbu. On April 20XX 10, the appellant negotiated with XXX, the chairman and general manager of XX Company, on the way to Bengbu and Fengyang, and reached a change agreement: XX Company applied for the seller's bank to issue a performance guarantee (gold) letter, and the terms were changed to XX Company's direct payment of a deposit of 8% of the contract amount. On April 13, 20XX, the buyer applied to Singapore Development Bank (DBS) to open a letter of credit in favor of XX Company, amounting to USD 5.8 million. At the request of XX company and advising bank (Zhongshan Branch of Bengbu Agricultural Bank), it was revised on April 27th, 20XX. Subsequently, the appellant, on behalf of the buyer, urged XXX, the chairman of XX Company, to remit the performance bond of RMB 3 million (calculated by 8% of the agreed US$ 5.8 million, about RMB 700,000 has not been paid, XXX indicates that the company has only so much) to the appellant on June 20x 1 day (Singapore AP Company agreed that the appellant would collect it and use it for the contract expenses).
The above is the truth of the case of 3 million yuan. There is a sales contract (contract number: 05by-ap0 1), the appellant's inquiry record of August 16, the inquiry record of March 3/20061day, and Xu Ninghai of March 20, 2007. Kong Jingjing's inquiry record on August 24, 2006, Xu Ninghai's description and proof of the incident on September 27, 2006, and Lin Guangxi's letter to relevant personnel can all prove it.
2. According to life experience and logical reasoning, we can also infer the nature of 3 million yuan from the time sequence of facts.
The first-instance judgment found that on March 22nd, 20XX, Singapore AP Company signed a sales contract with XX Company; 13 On April 20XX, Singapore AP Company applied to Singapore Development Bank (DBS) to open a letter of credit in favor of XX Company, and it was amended on April 27th at the request of XX Company and advising bank; On June 20XX 1 day, the representative of XX Company remitted the performance bond of RMB 3 million to the representative of AP Company in Singapore. On August 20XX 18, XX Company and the appellant signed the Financing Cooperation Agreement on behalf of UnionPay Wanguo (Tianjin) Real Estate Co., Ltd.
From the chronological order of these facts, it can be inferred that the remittance of XX company can only fulfill the agreed obligations in the sales contract signed with Singapore AP company, and it can't be the (pre-) payment of the financing cooperation agreement signed more than two months later (the agreement signed more than two months later also has no such payment terms), and XX company only pays the remuneration after making successful commitments to many long-term financing partners such as XXX, Qin Xin and Xu Ninghai. If the financing is unsuccessful and you don't give me any money, why do you prefer the appellant? The appellant and XXX have known each other for less than two months and only met twice. The appellant said that he would give me 3 million yuan first, and I would finance XX Company, so XXX believed it and gave it. This is too contrary to normal life experience and logic. XXX is an entrepreneur who has been doing business for many years and has been read by countless people. Only those who cheat will not be cheated.
In addition, if 3 million is financing advance payment, why should XX company pay it all? Even if you pay the upfront cost of financing, you don't have to pay as much as you have. It's not too late to give it as a reward for financing. From this point, it can also be inferred that 3 million can't be financing advance payment.
(2) Other facts related to this case.
1, on packaged loan by letter of credit
During the negotiation, signing and performance of the above-mentioned sales contract, XXX and XXX proposed that the seller hoped to package the loan by letter of credit. AP Company and Appellant believe that this is not the buyer's obligation, but the seller's right. Packaged loans can increase the liquidity of XX Company and help ensure the performance of the sales contract between the two parties, so they are optimistic and willing to help as much as possible. However, because XX company has a loan of1880,000 in Bengbu Agricultural Bank, and has a bad credit record of 30 million overdue loans, and the Agricultural Bank has different understandings of the loading and unloading terms of the letter of credit, the Agricultural Bank does not agree to package the loan. The judgment of first instance held that it was not true that the appellant first proposed to borrow money from XX Company by letter of credit, after all, XXX took the initiative to find the appellant first.
2. About sales contracts and other related contracts.
In order to prevent risks and ensure the lowest profit, AP Company and China Electromechanical Group Co., Ltd. signed a sales contract of 1 10,000 tons of rapeseed oil with a contract amount of 5.95 million US dollars. Based on the same consideration, China Electromechanical Group Co., Ltd. signed a rapeseed oil sales contract with Wuhan Xinhankou Commercial Co., Ltd. 1 10,000 tons, with a contract amount of 6.07 million US dollars. The judgment of first instance held that the above contract was signed "in order to obtain the letter of credit issued by the foreign party and avoid the real export of the goods", which had no factual basis and did not conform to the trade and banking practices. Because banks only open letters of credit for customers based on their sales contracts and credit, customers don't care whether the goods they buy are bought or not. The purpose of signing the above contract is to prevent risks and ensure the lowest profit (the price of the latter contract is higher than the previous contract), which also proves that the sales contract between XX company and AP company is true and can be performed (if it is not true, why should the latter contract be signed to transfer risks).
3. Commitment letter of 3.XX Company
Because XX company can't deliver the goods within the time stipulated in the sales contract, XX company promised not to deliver the goods without the consent of AP company on August 18, which can be regarded as an offer made by XX company to change the delivery time of the original sales contract between the two parties.
4. About 3 million bank cards remitted to the appellant and their control.
(1) Due to the foreign exchange management system, it is impossible to exchange and remit foreign exchange.
(2) Singapore AP Company authorizes the appellant to collect and control its business costs in China, and then settle the accounts after the contract (including the sale and purchase) is completed (see the certificate to relevant personnel, Lin Guangxi).
(3)XXX and XXX think that the appellant has the power of agency (or apparent power of agency), and remitting it to him will be regarded as remitting it to AP Company in Singapore (see page 5 of Xu Ninghai's inquiry record on March 20, 2007, XXX told the appellant: "There is only 3 million yuan, so you can get it back and have a job in the company").
5. Financing cooperation agreement
For the purpose of financing, XX Company signed the Cooperation Agreement with XXX Co., Ltd. (hereinafter referred to as UnionPay General Company) represented by the appellant on August 18, 20XX. In terms of content and nature, the above agreement should be regarded as an intermediary contract. As long as XXX company provides information and opportunities for possible investment and loans to XX company, it is fulfilling the agreement, and XX company will not pay any consideration before the financing is successful. In order to help XX Company to raise funds, UnionPay Universal Picture and the Appellant later negotiated and introduced with China He Zhong Group Co., Ltd. and other companies, which is also the performance of UnionPay Universal Picture and the Appellant actively helping XX Company to raise funds. However, due to the unsatisfactory operating conditions of XX company and the financing conditions of both parties, it failed (in recent years, XX company has entrusted XXX, Qin Xin, Xu Ninghai and others to finance for it, but it failed once and did not pay them a penny of financing fee or remuneration, which shows that the financing is difficult and XXX is smart). These matters related to financing cooperation have nothing to do with this case, and the determination of "taking financing as bait" in the first-instance judgment is inconsistent with the facts.
6. On the identity of the appellant China Electromechanical Group Co., Ltd.
The appellant was the deputy general manager in charge of business of China Electromechanical Group Co., Ltd. at the time of the crime, not the "self-proclaimed" in the first-instance judgment. The testimony of witnesses such as Bai, the actual person in charge of the company, Liu Xuepin, the deputy general manager of finance, and Jiu can be confirmed. Because the enterprise management is not standardized, writing materials is not appointed or hired, which is very common in private enterprises, but this cannot rule out the fact that the appellant is its deputy general manager. It is unfair that the first-instance judgment only accepts the evidence that is beneficial to the prosecution and turns a blind eye to the evidence that is beneficial to the defense.
Second, the first-instance judgment is wrong in applying the law.
(1) In this case, the appellant was suspected of contract fraud in the prosecution opinion of Bengbu Public Security Bureau (No.010 [2006]) during the investigation stages of filing a case, criminal detention and arrest, but the indictment of Bengbu People's Procuratorate (No.20 [2007]) accused the appellant.
The crime of fraud stipulated in Article 266 of the Criminal Law of People's Republic of China (PRC) refers to the act of defrauding a large amount of public or private property by using false facts or concealing the truth for the purpose of illegal possession. The objective aspect is to use deception, that is, to fabricate facts or conceal the truth, so that the property owners and managers believe and voluntarily hand over the property.
In this case, XX Company remitted 3 million yuan to the appellant's card (entrusted by AP Company) as agreed, which was an obligation stipulated in the sales contract. The appellant did not fabricate facts or conceal the truth, and XX Company did not realize the mistake of handing over the property because of being cheated. The appellant was convicted of fraud in the first instance.
(2) To take a step back, it is assumed that the appellant fabricated the facts or concealed the truth, which is also an act in the process of signing and performing the contract. The indictment also accused the appellant of "signing an unrealized purchase and sale contract or financing cooperation agreement by means of false export to defraud others of their property". Therefore, the crime of contract fraud can only be applied to Article 224 of the Criminal Law, but not Article 220 of the Criminal Law.
There is a special and general relationship between the crime of contract fraud and the crime of fraud. The former is decomposed from the crime of fraud in the criminal law before the revision. The difference between the two is that the crime of contract fraud uses contracts, that is, by signing and performing contracts, it defrauds others of their property; Fraud does not restrict means. As long as the perpetrator uses deception to defraud other people's property, it constitutes fraud. Therefore, when an act seems to meet the constitutive requirements of contract fraud and fraud at the same time, the crime of contract fraud should be applied according to the principle that special law is superior to general law, not fraud.
(3) The appellant does not exist in any of the five situations listed in Article 224 of the Criminal Law. In the process of signing and performing the contract in this case, there is no subjective "for the purpose of illegal possession", and there is no objective "using false facts or concealing the truth to defraud a large amount of public and private property", so it does not constitute the crime of contract fraud.
Third, the evidence and proof of the first-instance judgment were improperly accepted.
(A) the problem of evidence
1. According to Article 95 of the Criminal Procedure Law, investigators should also sign the interrogation record. The witness interrogation record as the main evidence in this case has not been signed by the investigators, and its legality as evidence is in doubt, so it should not be accepted according to law.
2. According to Article 47 of the Criminal Procedure Law, the testimony of witnesses must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the testimony of all witnesses can be used as the basis for deciding the case.
According to article 14 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), witnesses should testify in court.
All the witnesses in this case did not appear in court to testify and be questioned, and their testimony has no evidential effect.
3. According to article11of the Criminal Procedure Law, only in an emergency can a search be conducted without a search warrant, otherwise a search warrant must be presented to the searched person. However, this case is not an emergency, and the investigators did not produce a search warrant during the search on August 7, 2006 (and no formalities were found in the case file), so the illegally searched items cannot be used as evidence and should be excluded.
(2), about the criminal burden of proof.
The burden of criminal proof should be on the prosecution, and the standard of proof must conform to the provisions of Item (1) of Article 162 of the Criminal Procedure Law that the facts of the case are clear and the evidence is true and sufficient, that is, "excluding doubt", "excluding reasonable doubt" and "establishing inner conviction".
1. The judgment of first instance held that the appellant "used financing as bait, only provided self-made superficial writing materials without substantive work, and defrauded others of 3 million yuan, which constituted a crime of fraud". However, how did the appellant "only provide self-made superficial writing materials without carrying out substantive work and defraud others of 3 million yuan"? What "self-made surface writing materials" have been provided? What is "substantive work"? What is the causal relationship between "only providing self-made superficial writing materials without substantive work" and "defrauding others of 3 million yuan"? "Providing self-made superficial writing materials" is the first, "defrauding others of 3 million yuan" is the second, or vice versa? Such as the reasons and logical reasoning of the case, the first-instance judgment is absent. How can such a conviction be arbitrary!
2. The judgment of the first instance held that the appellant and his defender's argument and defense opinion that "3 million yuan is the performance bond of the contract signed by XX Company and AP Company, and has nothing to do with financing" did not explain their convincing reasons for the judgment. To take a step back, even if the defense's arguments and opinions cannot be accepted by the court, it does not rule out the possibility that the verifiable evidence presented by the defendant has "reasonable doubt". Therefore, according to Article 162 (3) of the Criminal Procedure Law, the appellant should be declared innocent.
To sum up, the first-instance judgment found that the facts were wrong and the law was wrong. Therefore, the court of second instance is requested to revoke the original judgment and declare the appellant innocent according to law.
I am here to convey
Xxx people's court
Appellant: Wu xx
20 17 September 6
The second appellant of criminal appeal: _ _ _ _ _ _ _ _ _ _ _,
Gender: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _
The appellant refuses to accept the criminal judgment of _ _ _ _ _ _ _
Reasons and requests for appeal:
The appellant has no objection to the facts and conviction in the judgment. However, regarding the sentencing, the appellant thinks that the sentencing is too heavy for the following reasons:
1. Less than four hours after the appellant stole the victim's cash, the appellant voluntarily turned over all the stolen money to the public security organ and truthfully confessed his crime. According to the provisions of the first paragraph of Article 61 of the Criminal Law, the appellant's behavior should be regarded as voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
2. The stolen money was returned to the victim in time by the public security organs, which had little impact on the victim's life and did not cause serious consequences to the victim. According to the principle of crime matching, the appellant's crime should be a misdemeanor and should not be sentenced so severely.
3. The appellant is a first-time offender, and compared with recidivist, it is not harmful to society. And the appellant has been doing well. During his stay in Ren Baoan of Suxian Hotel, the appellant was repeatedly praised by his work unit for not receiving money, and should not be sentenced to such a heavy sentence.
4. The appellant has a good attitude of pleading guilty and shows remorse.
5. The appellant actively cooperated with the reform in the detention center and showed a penitent attitude.
The appellant is still young and has not worked in the city for a long time. He committed the crime only because he was confused for a moment. And the crime is not violent, and the public's anger is not great. Actively reforming and repenting after committing a crime will not cause serious consequences to the appellant, but it will give him a chance to turn over a new leaf. To sum up, the appellant thinks that these are all reasons for giving the appellant a light sentence. However, the people's court of first instance failed to determine the circumstances, nature and circumstances of the appellant's surrender and the degree of harm to society, and sentenced the appellant to three years' imprisonment. This is not in line with the criminal policy of combining punishment with education and the principle of adapting crime and punishment, nor with the spirit of building a harmonious society. Therefore, the appellant refused to accept the original judgment, filed an appeal, requested to cancel the original judgment, and changed my judgment according to law.
I am here to convey
_ _ _ _ _ _ Intermediate People's Court
Appellant: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In the case of the appellant _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Appeal request
grounds of appeal
I am here to convey
_ _ _ _ _ _ People's Court
Appellant: _ _ _ _ _ _
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Appellant of Criminal Appeal 4: _ _ _ _ _ _ _ _ _ _ _ _ _
Appellee: _ _ _ _ _ _ _ _ _ _ _
In the case of the appellant (name and charge), the people's court made a criminal judgment (ruling) of (year) on (year), and now appeals against the judgment (ruling).
Appeal request: _ _ _ _ _ _ _ _ _ _ _ _
(stating that the appellant refuses to accept the original judgment and requests the people's court of second instance to cancel the original judgment in part or in whole, or to change the original judgment, or to request the people's court of second instance to retry, etc.). )
Reasons for appeal: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1, find out the facts;
2. Applicable law;
3. Proceedings.
I am here to convey
_ _ _ _ _ _ _ _ _ _ People's Court
Appellant: _ _ _ _ _ _ _ _ _ _ _
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Article 5 of the Criminal Appeal Appellant (defendant in the original trial) Ji xx, male, 19xx was born in February, Han nationality, from xx county, xx province, with high school education, and now lives in xx factory in xx county. X, xx Village, xx Town, xx County, xx Province, is now detained in xx County Detention Center.
Appellant received the criminal incidental civil judgment. The Intermediate People's Court of xx City (xx, xx, xx, xx, XX, XX) appealed the judgment for the case of robbery.
Appeal request
Request the people's court at a higher level to cancel the criminal incidental civil judgment made by the Intermediate People's Court of xxx City on xx, xx, XX, and commute the appellant's death sentence with a suspended execution according to law.
grounds of appeal
The appellant believes that the judgment of the people's court of first instance found the facts unclear and the sentence was too heavy. The reason for this is the following：
First, the original judgment did not find that the circumstances of the appellant's surrender were illegal.
The appellant was questioned by the public security organ only because the appellant had contact with the victim before filing the case. The public security organ only summoned the appellant to ask some information, but did not grasp the appellant's criminal offence. Upon inquiry, the appellant immediately confessed all his crimes truthfully and voluntarily handed over the stolen mobile phone, cash and other things. This situation, according to the Supreme People's Procuratorate's judicial interpretation, should be based on the theory of surrender. The original judgment found that the appellant was forced to confess the crime because of carrying stolen goods, which could not be denied, which was inconsistent with the facts. It is impossible for the public security organ to search the object of inquiry. If the appellant didn't voluntarily confess the crime, how could the public security organ know that the appellant had money on him and deny the existence of the plot of surrender, which was inconsistent with the facts and the law?
Second, the original judgment found that the appellant was afraid that the victim would not die, but also strangled the victim with dumbbells, which obviously had the direct intention of depriving the victim of his life, and thus inferred that the appellant was cruel, with serious consequences and subjective malignancy, and should be severely punished according to law. The above determination is not confirmed by sufficient evidence, which is totally inconsistent with the facts of the case.
The appellant put the dumbbell on the victim's shoulder, so that the sound of the dumbbell landing when the victim woke up could remind him that he didn't want to crush the victim with the dumbbell. If the appellant wanted the consequences of the victim's death, why did he put a dumbbell on his neck? Wouldn't it be more convenient to hit him with a dumbbell? The appellant never wanted the victim to die. Dumbbells were not placed on the victim's neck as determined in the judgment. The transcript of the on-site inquest clearly records that "there is 1 dumbbell weighing 7 kg near the head", but there is no evidence to prove that the victim has dumbbells around his neck. It is obviously wrong to infer that the appellant has directly and intentionally deprived the victim of his life, and the conclusion that "the means are cruel and subjective and vicious, and should be severely punished according to law" cannot be established.
To sum up, judging from the circumstances of the crime, post-crime performance and subjective malignancy, the appellant did not need to kill anyone. The first-instance judgment found that the facts were unclear and the sentence was too heavy. I implore the Higher People's Court of xx Province to correctly identify the facts of the case, revoke the original judgment, commute the appellant's death sentence according to law, and give the appellant a chance to turn over a new leaf.
I am here to convey
Higher People's Court of xx Province
Appellant xx quarter
20xx year xx month x day
Article 6 Respondents to criminal appeals:
Address:
Respondents:
Address:
The defendant received the plaintiff's criminal incidental civil complaint on.
1. The respondent is not a criminal infringer and should not compensate the plaintiff for the economic losses caused by the death of the victim.
Article 36 of the Criminal Law of People's Republic of China (PRC) stipulates that if the victim suffers economic losses due to criminal acts, he shall be given criminal punishment according to law and compensation for economic losses shall be given according to the circumstances.
Article 77 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if the victim suffers material losses due to the defendant's criminal behavior, he has the right to bring an incidental civil action in the course of criminal proceedings.
In this case:
1. There is no causal relationship between the death of the respondent and the death of the victim.
After forensic identification, the victim _ _ _ _ _ died of falling from a building. Whether _ _ _ _ was pushed downstairs by others, leading to death (homicide), or trying to escape the supervision of others, leading to death (accident), or even committing suicide due to personal restrictions, is not necessarily related to _ _ _ _.
If it is caused by the first reason, then the murderer who killed the victim _ _ _ _ needs to bear tort liability; If it is the second reason, it does not constitute a criminal offence. The leader of the MLM organization that monitors or restricts _ _ _ _ _ _ _ _ _ _ _ _ _ _ If it is caused by the third reason, The leader of the MLM organization is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
On the one hand, the public security organ failed to find out the real cause of death of the victim _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. The respondent's development of the victim's _ _ _ _ _ to enter the MLM organization does not constitute a criminal infringement.
Respondent _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If the circumstances are serious, it does not constitute the crime of illegal business operation as stipulated in the Supreme People's Court's Reply on How to Identify MLM with Serious Circumstances or pyramid selling in disguise. Because the defendant did not commit a crime at the time of committing the crime, the place of the crime was in _ _ _ _ _ _ _ _ _ _
Second, the plaintiff's economic loss comes from the illegal act of the real murderer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The respondent's behavior does not constitute a crime, and the plaintiff's economic losses should naturally not be compensated by the respondent. The real murderer _ _ _ _ _ _ _ _ forced the defendant to cheat his classmate _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was forced to make a phone call by the real murderer, which is undoubtedly unfair not only to the weak woman _ _ _ _ _, but also to the victim _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Third, the respondent bears moral responsibility for the death of the victim and is willing to make corresponding compensation.
The respondent _ _ _ _ and the victim _ _ _ _ were classmates. The respondent, under the force of two classmates (monitor) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Therefore, the respondent _ _ _ _ _ is willing to compensate the plaintiff for the loss within its power. At the same time, the respondent _ _ _ _ _ _ _ _ _ is also willing to cooperate with the judicial authorities to bring the real murderer _ _ _ _ _ _ _ to justice, so as to comfort his classmate _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Four, the plaintiff compensation of _ _ _ _ ten thousand yuan lack of legal basis.
The plaintiff requires the respondent to bear the plaintiff's death compensation, funeral expenses, spiritual comfort, transportation expenses, accommodation expenses and other expenses of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
To sum up, the respondent believes that the plaintiff's incidental civil action in this case does not meet the statutory conditions, and its claim for compensation has no factual basis and legal basis, and requests the court to reject the plaintiff's claim according to law. However, based on the principle of solving social contradictions and comforting the plaintiff, the respondent is willing to bear certain moral responsibilities and make corresponding compensation through his own efforts. The defendant once again appealed to the judicial authorities to pay attention to the fact that the real murderer's impunity caused today's tragedy and hoped to catch him. At the same time, the respondent also apologized to the plaintiff, willing to make up for the losses he caused to the plaintiff, and supported the plaintiff in asking the relevant departments to arrest the real murderer, punish the murderer and repay the blood debt.
I am here to convey
_ _ _ _ _ _ _ People's Court
Defendant: _ _ _ _ _ _
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