Criminal Reply 1 Criminal Reply
(The first and second instance of criminal incidental civil cases and the second instance of criminal private prosecution cases were originally used by the private prosecutor for the appellee)
Interviewed Person:
Basic information such as name, gender, date of birth, nationality, place of origin, occupation or work unit and position, address, etc.
In the case of _ _ _ _ _ _ _ _ _ _ _ _ _ _
I hereby convey
_ _ _ _ _ _ _ _ _ _ _ _People's Court
Interviewee:
Book Representative:
Year, Month, Day
Attachment: This reply copy.
Criminal defense 2 1. The meaning and application of criminal defense
1) Meaning
Criminal defense is the basis for the defendant or the appellee in a criminal private prosecution case. The content of a criminal private prosecution or a criminal appeal, a legal document that answers the plaintiff's lawsuit claims or the appellant's appeal requests, and rebuts based on facts and reasons.
2) Use
In criminal proceedings, the defendant or the appellee exercises the right of explanation in the form of criminal defense to respond to the private prosecutor’s claims or the appellant’s appeals and Refutation and defense based on the facts and reasons are not only conducive to safeguarding one's own legitimate rights and interests, but also conducive to the people's court fully understanding the facts of the case and making a fair judgment.
2. The structure and content of criminal defense.
Criminal defense consists of three parts: head, body and tail.
1) Title
The title mainly includes the following content:
A. Title
The title should indicate the name of the document, that is, "Criminal defend".
b. Basic information of the parties involved
The name, gender, date of birth, nationality, place of birth, education level, occupation or work unit and position, address, etc. of the person under investigation. If the respondent is a person without capacity, the basic information of the legal representative and the relationship with the respondent should be written after the respondent. The matters written are basically the same as those of the respondent. If the respondent is a legal person or other organization, the name, address and joint position of the legal representative (or representative) should be stated.
C. Causes of action
The reply should clearly state who is being sued or what case is being appealed. The expression is usually "Because of xx case, the reply is as follows: "", leading to the main text. /p>
2) Text
The main text is the main part of the criminal defense and is mainly used to explain the defense opinions and reasons. The explanation of the defense opinions and reasons can focus on the following aspects: 1. The second is to refute the error of citing the law; the third is to refute the error of characterization. In addition, you can also state your own opinions on issues such as illegal prosecution procedures or unfounded evidence.
3) Tail<. /p>
The tail mainly includes the following two items:
(1) End
The end should contain two items: one is the name of the People’s Court; the other is the signature, that is The name of the person under investigation and the specific date.
(2) Additional items
The name and number of attachments should be stated.
Criminal Defense 3 Respondent: He _ _ _ _, female, 36 years old, Han nationality, native place is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Tel:_ _ _ _ _ _ _ _, Postal Code :_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Respondent: Chen, male, 35 years old, Han nationality, native place _ _ _ _ _ _ _ _ _ _ _ _ _ _ City, Tel: _ _ _ _ _ _ _ _ _ _ _ , Postal Code: _ _ _ _ _ _ _ _
Because Chen accused the defendant of defamation, the defendant hereby makes the following defense:
1. The defendant’s actions do not constitute defamation.
According to Article 145 of the Criminal Law, the crime of defamation refers to intentional fabrication and dissemination of facts that openly damage the personality and reputation of others, and the circumstances are serious. The main conditions for constituting the crime of defamation are: first, the fabrication and public dissemination of facts that damage the reputation and personality of others; second, intentionality with the purpose of damaging the reputation and personality of others; third, the circumstances must be serious.
Judging from the circumstances of this case, first of all, I did not fabricate facts that damaged Chen’s reputation and personality. On June 7, 199__, Chen ___ had sexual relations with others in the office. Colleagues Liu _ _ _ and Hu _ _ _ witnessed it. Later, he reported it to me, office director Wang _ _ _, Hu _ _ _ and Wang reported. Secondly, I have no intention of damaging Chen’s reputation and character. I criticized Chen _ _ _ _ _'s life at the party's organizational life meeting on June 28. I hope that Chen _ _ _ _ _ will take a warning, learn lessons, correct himself, and become a qualified party member. This is normal gay criticism. How can it be considered as intentionally damaging the reputation and personality of others? Can't Chen _ _ _ be criticized and educated within the organization if he makes a mistake? Because what I did did not meet the conditions for defamation and did not constitute a crime.
2. Chen_’s behavior should be condemned by public opinion and morality, and the People’s Court should reject his lawsuit.
Chen_ _ _ made a mistake and should learn from it and make corrections. However, Chen _ _ _ took the wrong approach of making a complaint first and filed a lawsuit with the People's Court, requesting the People's Court to hold me accountable for "criminal responsibility" and provide him with "compensation for mental losses." In my opinion, Chen _ _ refused to correct his mistakes, refused to criticize, and made repeated mistakes, which should be condemned by public opinion and morality. Here, I request the People's Court to find out the truth, reject Chen's lawsuit, and impose corresponding penalties, so as to achieve judicial justice and protect the legitimate rights and interests of citizens.
Evidence and sources of evidence, names and addresses of witnesses:
1. Testimony of witness Hu_ _ _ _;
2. Testimony of Director Wang_ _ _ _ ;
3. Witness Liu’s testimony:
4. Hu lives in. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Wang, lives in No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Liu, lives at No.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I hereby convey
Province _ _ _ _ _City_ _ _ _ _District People's Court
Defendant: He_ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: 1 copy of the certificate.