(1) Header
Mainly state the basic information of the parties involved in the private prosecution case, including the name, age, ethnicity, place of origin, education level, occupation, and work unit of the private prosecutor and defendant , address, phone number, postal code, etc. If the private prosecutor entrusts an agent ad litem, the relevant information of the agent ad litem shall also be stated.
(2) Text
is the core part of criminal private prosecution, including several contents:
1. Litigation request, specifically stating that the defendant violated the private prosecutor The nature of the legitimate rights and interests and the crimes constituted according to law, and make a specific request to the people's court to investigate the defendant's criminal liability;
2. Facts and reasons, focusing on the specific content of the defendant's criminal behavior, including time, The location, criminal means, circumstances and harmful consequences, as well as evidence that can prove the defendant’s criminal facts, and cite the relevant provisions of the criminal law to demonstrate the nature of the defendant’s crime and criminal responsibility, and explain the legitimacy of the private prosecutor’s private prosecution;
< p>3. For the evidence part, the evidence and witness list should be listed one by one to facilitate verification by the people's court.(3) Tail
Mainly indicate the full name of the People's Court, the name of the prosecutor, the time of prosecution and the attached content.
Legal basis: Article 204 of the "Criminal Procedure Law" includes the following situations:
(1) Notification of the handling situation; (2) Minor criminal cases certified by the victim; (3) The victim There is evidence that the defendant has violated his personal or property rights and should be held criminally responsible in accordance with the law, but the public security organs or the People's Procuratorate will not hold the defendant criminally responsible.