Applicant: Wang xx, male, Han nationality, born on x, month x, 19xx, living in xx, Dali City. The applicant was dissatisfied with the first-instance criminal judgment of the xx People's Court of xx City, xx Province (xx) xx Criminal and Civil Judgment No. xx, and in accordance with the provisions of Article 182 of the Criminal Procedure Law, he applied to this court to lodge a protest. The reasons are as follows: The first-instance verdict gave a light sentence for serious crimes, and the application of criminal law was obviously inappropriate. Defendants Zhang XX and Ji XX deliberately harmed the applicant with extremely vicious means. The nature is extremely bad, the consequences are extremely serious, the subjective viciousness is extremely deep, and they should be severely punished in accordance with the law. On July 4, 2005, the two men, together with Meng xx, Sun xx, Zhang xx and others, carrying chopping sticks, pickaxe handles, arm strength weapons and other murderous weapons, first went to the Gangou Town slaughterhouse to collect debts from others, and then went to the Gangou Town slaughterhouse that night. In the place where this case occurred, he deliberately caused trouble and intended to extort money from others. The applicant was later killed and seriously injured. Their arrogance to wantonly endanger society has reached an outrageous level. After the incident, the two evaded pursuit by the public security organs and absconded for two years. Not only did they intend to evade criminal sanctions, but they also brought extremely unstable factors to the security of the surrounding society. Defendant Zhang xx even boasted many times that "the cut was so beautiful that all the brains came out." For such criminals, not severely punishing them is not enough to reflect the principles of our country's criminal law, not severely punishing them is not enough to combat the arrogance of criminals, and not severely punishing them is not enough to appease the misfortunes suffered by the applicants. 2. The facts found in the first-instance judgment were unclear and the suspended sentence was wrongly applied. The first-instance judgment found that the defendant Ji xx’s role in the **** was relatively small and his crime was relatively small, so he was given a suspended sentence. The above determination is inconsistent with the facts. At the time of the incident, the defendant Ji xx first took out the car scissors and handed one to Zhang xx, and then called to Meng xx, Sun xx and others to "come on." It can be seen that Ji xx plays an organizational and leadership role in the entire process of homosexual crimes, and is the core figure in homosexual crimes! What is particularly important is that during the commission of the crime, it was Ji xx who first slashed the applicant for execution and another victim XX with a knife; it was Ji xx who used the knife to knock the applicant down. On top of the beer barrel, Zhang xx was slashed and seriously injured. Therefore, Ji xx is not only the organizer and leader of the murder case, but also an active participant and concrete implementer of the murder case. The two defendants in this case should not be distinguished as master and slave, and both should be severely punished. Applying probation to the defendant Ji is even more wrong. 3. Defendants Zhang xx and Ji xx had a good attitude in pleading guilty in court. They should not be regarded as guilty pleas and should be severely punished in accordance with the law. After the incident, the two defendants showed no remorse and absconded for more than two years. They colluded with each other and refused to plead guilty. Even during the trial, the two took chances, avoided the main criminal facts, and refused to admit the main criminal circumstances. Defendant Zhang XX denied cutting the applicant's head; Ji XX even refused to admit the fact that he cut the applicant's head. The two defendants refused to plead guilty to the main criminal circumstances. The first instance's determination that the two had "a good attitude towards pleading guilty" was obviously wrong. 4. The two defendants refused to compensate the applicant for his economic losses and should be severely punished by law. Judging from the first-instance judgment, the defendants and their families showed no sign of repentance. Not only did they not visit the victim, they also showed no signs of repentance during the court mediation process. Show no trace of sincerity. No compensation in the form of severance was paid to the applicant. The RMB 50,000 and RMB 20,000 submitted by the two people to the court are nothing more than a cat crying over a mouse and fooling the law! They did not pay compensation to the applicant at all, but pretended to plead guilty and were willing to compensate, with the intention of achieving the real purpose of "paying compensation and sentencing". The criminal behavior of the second defendant caused extremely serious physical and mental damage to the applicant and his family. The direct loss that can only be measured in monetary terms is as high as 660,000 yuan. However, the two defendants and their families ignored the applicant's pain and not only refused to compensate, but also tried every means to exploit legal loopholes. The $70,000 they paid to the court was a drop in the bucket compared to the applicant's losses. If such a guilty conscience can be used as a circumstance for a lighter punishment, it would be a disgrace to the law, a farce to society, and a tragedy for the victims! To sum up, the applicant believes that the facts found in the first-instance judgment were unclear, the law was wrongly applied, and the sentence was inappropriate. I specifically apply to your court for a protest. An application is hereby made to the XX People's Procuratorate: For general civil cases in XXX, as long as the parties do not take the initiative to submit the case to the national judicial authorities, the national judicial authorities will generally intervene in the disputes between the parties. The application must be written concisely and concisely, focusing on the key points and writing the core content. For some more complex cases, if you do not understand the law, it is best to find a professional lawyer for help.
Legal objectives:
Article 232 of the "Criminal Procedure Law of the People's Republic of China and the State" For criminal suspects who do not need to be arrested or detained, they may be summoned to the city where the criminal suspect is located. The interrogation shall be conducted within the place designated by the county, or at the person's residence, but the certification documents from the People's Procuratorate or the public security organ shall be presented. The maximum time for summons or summons shall not exceed twelve hours. Criminal suspects shall not be detained in disguised form in the form of continuous summons or custodial summons.