What is the content of the public prosecution opinion in a criminal case? According to the provisions of Document No. 44 of the Supreme People's Procuratorate, the public prosecution opinions should i

What is the content of the public prosecution opinion in a criminal case? According to the provisions of Document No. 44 of the Supreme People's Procuratorate, the public prosecution opinions should include the following five contents: 1. A brief summary of the court investigation. Second, analyze the evidence and determine that the defendant committed a crime. Third, analyze the case, summarize the entire case, and reveal the social harm of the defendant’s crime. Fourth, analyze the ideological and social roots of the defendant’s crime. Fifth, conduct legal arguments, point out the terms that the defendant violated, and clarify the legal liability that the defendant should bear. The above five contents are not fully included in every public prosecution opinion. It is necessary to decide what content can be written and what content should be focused on based on the characteristics of the case and actual needs. There is no definite form for the public prosecution opinion, and the content is divided into title and body. The text is divided into three parts: introduction, body and conclusion. Things to note when writing a public prosecution opinion: (1) The first part is 1. Write the title, which is the file name written in the middle. 2. The defendant’s basic situation and cause of action. Write the name of the defendant first (if the defendant is an employer), then the cause of the case (that is, the charges identified in the indictment), and finally the indictment number. There is no need to read these three contents. (2) The text is 1. Head up, also known as a warning. According to the composition of the collegial panel, it is written as "presiding judge, judge", "presiding judge, people's assessor" or "presiding judge, judge, people's assessor". 2. According to the provisions of the new format, this paragraph is stated as: "According to Articles 184, 193, 198, and 200 of the Civil Procedure Law of the People's Republic of China" In accordance with the provisions of Article 03, I (we) have been designated by the People's Procuratorate of ××× to appear in court as a national prosecutor to support the public prosecution and participate in the criminal proceedings in accordance with the law. We hereby express the following opinions on the evidence and facts of this case, and please the court to pay attention to it. 3. According to the new format, analysis and argumentation can be carried out from the following three aspects: (1) Based on the court investigation, summarize the court cross-examination and the proving role of various evidences, and use the logical relationship between the evidence to prove the defendant’s criminal facts It is clear and the evidence is indeed sufficient; (2) Based on the defendant’s criminal facts, demonstrate the applicable legal provisions and propose opinions on conviction, heavier punishment, lighter punishment, or mitigated punishment. (3) Based on the circumstances of the trial, the social harm of the defendant’s criminal behavior should be revealed. Whether the content of legal publicity and education is necessary depends on the specific circumstances. 4. The written statement (summary of the full text) is: "In summary, the indictment confirms the crime of the defendant in this case. The facts are clear and the evidence is indeed sufficient. The defendant should be found guilty in accordance with the law and punished (serious, lenient or mitigated punishment). "The public prosecution opinion is equivalent to a proxy statement in civil litigation. It is an explanation of the defendant's criminal behavior, sentencing circumstances, criminal penalties, etc. When making a judgment, the judge can refer to the content of the public prosecution opinion. What you need to note is that not every Each case has a public prosecution opinion.