1. Concept, basis and scope of application
The catalogue of evidence in prosecution cases (hereinafter referred to as the catalogue of evidence) refers to the types and names of evidence produced by the people's procuratorate when it brings a public prosecution to the people's court and needs to be presented, read or played in court.
According to the provisions of Article 150 of the Criminal Procedure Law, when a people's procuratorate files a public prosecution with a people's court, it shall not only obtain copies or photos of the indictment, witness list and main evidence, but also obtain a list of evidence.
The catalogue of evidence is the display of relevant evidence accused and proved by the people's procuratorate, one of the necessary formal requirements for the people's procuratorate to initiate a public prosecution, and one of the necessary conditions for the people's court to decide to hold a trial.
2. Format
The format of this instrument is as follows:
Catalogue of evidence of public prosecution cases initiated by people's procuratorates
Sue [] No.
The case was brought by the defendant.
Description of serial number, category name, number and quantity
3. Content structure and production method
The catalogue of evidence is a separate document. Its format and content are as follows:
The first part. Including the people's procuratorate that makes documents; The name of the document, that is, the catalogue of evidence; Document number, namely "Inspection []No.", and fill in the name of the people's procuratorate, the abbreviation of the specific case-handling department, the year and the serial number in the spare place; The cause of action, namely the XXX case; The name of the defendant.
Words. The evidence catalogue is a filled form, and the content of its text is the content of the form, including the serial number, that is, the serial number of evidence; Type, that is, the type of evidence stipulated in the Criminal Procedure Law; Name, that is, the title of similar evidence, such as physical evidence, the specific name is kitchen knife or dagger, and its name should be specified, which generally cannot be called physical evidence; Quantity, that is, the number of pieces of evidence or other quantitative standards; Remarks, mainly explaining the contents that need to be explained, such as the custody of evidence, whether copies or photos are transferred with the case, etc.
Tail. The lower right part of the list of evidence shall be stamped with the seal of the people's procuratorate. leave
4. Application of this instrument
When making and using this instrument, we should pay attention to the following problems:
This document has been filled out. Therefore, the remaining unfilled forms in the evidence list should be crossed out to show that the evidence list is limited to what is filled in.
The document number of the evidence catalogue shall be the same as that of the indictment in the same case.
There is no need to list witness testimony in the evidence list, because the witness list has indicated that witness testimony is used as evidence in this case.
The victim's statement can be included in the list of evidence.