Complainant: (the parties to a criminal case and their legal representatives, close relatives and entrusted lawyers) state basic information such as name, gender, date of birth, nationality, place of origin, occupation or work unit, position and address. Lawyers only need to state their names and the names of their law firms.
If the complainant is serving a sentence, it should also indicate the sentence and the place of serving the sentence.
If the complainant is a minor, the name, gender, occupation, work unit and relationship with the complainant of the legal representative shall be stated after the project.
The complainant lodged a complaint against the criminal judgment (or ruling) of the people's court on xx (xx) year xx (xx) because of the xx case.
Requested items: the specific requested items should be stated, that is, how to request the people's court to handle the case. The specific requirements of the applicant shall be put forward according to the specific effective judgment or ruling. If the sentence is too heavy or the law is improperly applied, the original judgment may be revoked, acquitted or the punishment may be mitigated according to the specific circumstances; If a complaint is filed against the civil litigation part, the complainant shall make a request for the civil liability part, and clarify the liability for compensation and its specific amount according to the specific circumstances.
Facts and reasons: the basic facts and trial results of the case should be briefly stated. On this basis, according to the specific circumstances of the case, it focuses on analyzing and expounding the errors in the judgment or ruling, including the errors in ascertaining facts, applying laws and procedural errors, and clarifying the legitimacy and legality of the appeal request.
Evidence and sources of evidence, names and addresses of witnesses:
I am here to convey
Xx people's court
Complainant:
Book representative:
Date, year and month
Attached:
1, x copies of the original judgment (or ruling);
2. X copies of evidence materials.
Legal basis: Article 372 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC) shall submit the following materials when appealing to the people's court:
(1) Petition. The basic information, contact information, facts and reasons of the complaint of the parties shall be stated;
(2) Legal documents such as judgments and rulings of the first and second instance. After review or retrial, the people's court shall attach the notice of rejection, retrial decision, retrial judgment and ruling;
(3) Other relevant materials. If there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, relevant evidential materials shall be attached; When applying for investigation and evidence collection, the people's court shall attach relevant clues or materials.
If the complaint does not conform to the provisions of the preceding paragraph, the people's court shall inform the complainant of the supplementary materials; If the complainant refuses to supplement the necessary materials without justifiable reasons, it will not be reviewed.