A criminal complaint is a document in which the parties to a criminal case, their legal representatives, and close relatives are dissatisfied with a legally effective judgment or ruling and lodge a complaint with the People's Court or the People's Procuratorate. A legal document.
A criminal complaint consists of a header, a request, facts and reasons, and a tail.
(1). Header
1. Indicate the name of the document "Criminal Complaint" in the middle of the upper part of the document.
2. Basic information of the complainant. If the complainant is a natural person, fill in the name, gender, date of birth, ethnicity, place of birth, education level, occupation or work unit and position, address, etc.; if the complainant is a legal person or other organization, fill in the name, address, legal representative or The name and position of the representative. If the legal representative or close relative represents the complainant, the complainant will still be listed as a party, a separate paragraph will be listed on behalf of the complainant's basic information, and his relationship with the complainant will be noted.
3. Reason for complaint. Fill it out in the prescribed format. "If the complainant believes that he is innocent and appeals to the People's Court of First Instance, the request should be written as: "Please retry this case in accordance with the law and declare the complainant innocent."
(3) Facts and reasons
Including two parts: the facts of the case and the reasons for the complaint. The four situations stipulated in Article 204 of the Criminal Procedure Law are the legal reasons for the people's court to retry, so it must be carefully designed around these four aspects. . First, summarize the main contents of the legally effective judgments and rulings, that is, the facts and evidence found in the original judgment, the reasons and legal basis for the judgment, and the results of the judgment. Second, according to the relevant provisions of the Criminal Procedure Law on appeal retrial, Analyze and demonstrate the main problems and errors in the original referee, clarify the reasons for the appeal, and implement the appeal request.
(4) At the end,
state the name of the agency to which the appeal letter is sent, that is, the branch. Write "This is" "xxx People's Court" or "xxx People's Procuratorate". In the appendix, write "Attachment: × copy of the criminal judgment (or ruling)". Finally, sign the name of the complainant and indicate the month and day.
2. Criminal Case Complaint Sample
Criminal Complaint
The complainant Li XX, male, born on X, month, XXXX, Han nationality, place of birth, XX County, XX Province , junior high school education, unemployed, residing at No. XX, Village XX, XX Township, XX City, XX Province
The complainant Li XX refused to accept the sentence of the XX City Intermediate People’s Court on the day of X, month, XXXXX (XXXX). No. XX criminal verdict is attached, and a complaint is filed.
Request matters
Request to revoke the original ruling, retry the case, and change the verdict to not guilty in accordance with the law.
Facts and reasons.
On September 13, XXXX, the People’s Court of XX County, XX Province, sentenced me to three years in prison for the crime of intentional injury according to the Criminal Judgment No. XX (XXXX)XX Xingchu Zi 5,000 yuan. I was dissatisfied with the judgment and appealed on the grounds that the original judgment was wrong in determining the facts. On XXXX, XX, the XXXX Municipal Intermediate People’s Court rejected the appeal with the (XXXX) XX Zhongxingzhongzi No. XX Criminal Ancillary Civil Judgment and upheld it. Original judgment. The complainant was released after serving his sentence on March 5, XXXX. The complainant believed that the original judgment was incorrect and the evidence for conviction was insufficient.
1. Accurate.
The original judgment found that "during the dispute, the appellant Li XX punched the victim Zhang XX on the left eye, causing Zhang to fall to the ground and become unconscious." This is inconsistent with the facts of this case. There was a debt relationship with the complainant. On June XX, XXXX, the victim Zhang XX went to the complainant's home to collect debts. The complainant was indeed unable to repay the debt due to business losses, and promised to pay back the money. However, Zhang XX gave away the money from the complainant's home. The furniture was smashed, and when the complainant stopped him, Zhang XX punched him with his fists. The complainant couldn't bear it anymore and punched him back. The victim did not fall to the ground and became unconscious after being beaten, but ran away. The above facts can be confirmed by the presence of neighbors Zhao xx, Mao xx, Deng xx, and Zhou xx. However, neither the first-instance judgment nor the second-instance ruling found the cause of the case or the fact that the victim was at fault.
The complainant believes that when the victim committed illegal infringement, the complainant acted in legitimate defense to protect property rights and personal rights. Although the victim was slightly injured, it did not obviously exceed the necessary limit. The nature of his behavior should be determined For legitimate defense.
Secondly, the evidence based on the original conviction and sentencing was unreliable and insufficient.
During the trial, the witness testimonies presented by the prosecution were contradictory, and even two testimonies of the same witness were contradictory. In the absence of other evidence, the court accepted the witness testimony that was unfavorable to the complainant. The authenticity and legality of the witness testimony are questionable. The testimonies of on-site witnesses Zhao xx, Mao xx, Deng xx, and Zhou xx fully confirmed the fact that the victim smashed things and beat the complainant at that time. However, the court did not accept it without reason. There was insufficient evidence to make the above judgment.
Third, the original sentence was too harsh.
Taking a step back, even if the complainant’s behavior constitutes the crime of intentional injury, due to the circumstances of excessive defense, the court should consider a lighter or reduced punishment. However, the court stated in Article 230 of the Criminal Law Within the upper limit stipulated in Article 4, paragraph 1, the sentence is obviously too harsh.
To sum up, the complainant believed that his actions were self-defense and did not constitute a crime. Therefore, in accordance with the provisions of Article 203 of the "Criminal Procedure Law of the People's Republic of China", I specifically filed a complaint with your court, requesting to revoke the original verdict, conduct a new trial, and change the verdict to not guilty in accordance with the law.
Hereby appeals
xx Provincial Higher People’s Court
Attachment:
1. One copy of the original judgment and one copy of the ruling.
2. Witnesses Zhao xx, Mao xx, Deng xx, and Zhou xx live at No. 6, No. 8, No. xx, and No. 13, xx Village, xx Town, xx City.
Plaintant Li xx
xxxx, xx, month xx
Legal basis:
Article 252 of the Criminal Procedure Law Parties Their legal representatives and close relatives may appeal to the People's Court or the People's Procuratorate against the legally effective judgments and rulings, but they cannot stop the execution of the judgments or rulings. Since the parties, their legal representatives, and close relatives have a direct interest in the outcome of the case, in order to protect their legitimate rights and interests, the law gives them the right to appeal against legally effective judgments and rulings. Complaints in trial supervision proceedings are different from appeals.