Two, how to write a criminal indictment
1, the basic situation of the defendant including the defendant's name, gender, age, date of birth, place of birth, identity card number, ethnicity, cultural level, occupation or work unit and position (state employees using their powers to commit a crime, should be written during the crime in any position in any unit), address ), address. Whether or not they have been subject to criminal punishment, detention, arrest of the year, month and day, in custody of the defendant's place of detention. 2, the basic situation of the defense including name, unit, mailing address. 3, the cause of the case and the source of the case If the public security organs of the case, write the name of the case, the cause of the case, the source of the case, such as "the defendant **** theft case, by the **** Public Security Bureau of the investigation is completed and transferred to the Court for review and prosecution. If the case is the Court's investigation is finalized, write the name, the case, the source of the case, such as "the defendant *** embezzlement case, by the Court according to the investigation is finalized." If the higher people's procuratorate transferred for prosecution or due to a change in trial jurisdiction by the court at the same level for review and prosecution, write the name, case, case source, such as "the defendant **** theft case, by the **** Public Security Bureau investigation is completed, by the **** People's Procuratorate to the court for review and prosecution," or "the defendant *** theft case, by the *** Public Security Bureau investigation is completed, *** People's Procuratorate instituted prosecution, *** People's Court by the *** People's Court to this court for review and prosecution" 4, the facts of the case including the crime time, place, through, means, purpose, motivation, the harmful consequences of the crime and conviction Factual elements related to sentencing, can be written as: "Reviewed in accordance with the law, summarize the facts of the alleged crime by the procuratorial organs to review the determination of the clear. Should be based on the specific circumstances of the case, around the criminal law provisions of some of the constituent elements of the crime, in particular, the characteristics of the crime, a concise narrative. The above facts of the crime are clear, the evidence is true, sufficient, sufficient to be recognized." 5, the basis and reasons for prosecution including the defendant violated the provisions of the criminal law, the nature of the crime, mitigating, reducing or aggravating, aggravating circumstances, *** with the crime of the defendant's culpability, and so on. The Court is of the opinion that, summarizing the degree of harm of the defendant's actions, the nature of the act, the circumstances of lightness), the defendant **** behavior violated the Chinese People's Republic of China **** and the State Criminal Law, Article * (citing the crime, the statutory penalty provisions and the sentencing provisions of heavier and lighter penalties), according to the law, should be from the heavier (lighter) punishment. In accordance with the provisions of Article 4 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is instituted, and I request that he be punished (severely punished) according to law. Hereby ______________ ______________ People's Court Prosecutor Year Month Day (House print)Three, the historical type of criminal proceedings
In theory, generally on the historical type of criminal proceedings to take two kinds of division criteria: First, the criminal proceedings to maintain the social system and class interests as the criterion. The first is to the social system and class interests of criminal proceedings for the standard, that is, the class nature of criminal proceedings for the standard, this standard, criminal proceedings can be divided into the slave society criminal proceedings, criminal proceedings in feudal society, criminal proceedings in the capitalist society and socialist society criminal proceedings; The second is to some of the surface characteristics of criminal proceedings for the standard, that is, the litigation is initiated by whom the status and role of the parties to the litigation, the function of the judge in the litigation, and the role of the judge in the litigation. The second is to take some superficial features of criminal proceedings as criteria, namely, who initiates the proceedings, the position and role of the parties in the proceedings, the function of the judge in the proceedings, and the manner in which the case is heard. On the basis of these criteria, criminal proceedings can be divided into impeachment proceedings, inquisitorial proceedings and mixed proceedings. For the convenience of discussion, scholars mostly refer to the first type of criminal procedure as the historical type of class nature, and the second type of criminal procedure as the historical type of structural form. Generally speaking, the historical type of criminal procedure class nature and the historical type of criminal procedure structure form is basically the same, that is to say, what kind of criminal procedure nature, there is what kind of criminal procedure with its corresponding form, such as slavery society's criminal procedure to take the impeachment form of criminal procedure, the feudal autocratic period of criminal procedure to take the inquisitorial criminal procedure form, the capitalist society's criminal procedure to take the impeachment form of criminal procedure, the capitalist society's criminal procedure to take the inquisitorial form of criminal procedure, the criminal procedure to take the inquisitorial form of criminal procedure. For example, the criminal procedure in the slave society was in the form of impeachment, the criminal procedure in the feudal autocracy was in the form of inquisition and the criminal procedure in the capitalist society was in the form of mixed criminal procedure. However, it should also be noted that the essence of the type of criminal proceedings and the structure of the form is sometimes not completely consistent. Readers who need legal help are welcome to legal counseling.