I. Small Papers: (40 points)
Scope of topic: Basic requirements for legal documents to describe facts and explain reasons.
Writing requirements: the topic is self-drawn; Unlimited field of vision; The number of words shall not be less than 1000 words.
The reference answer is in the textbook P 18-28.
Two, official document writing (60 points)
(a) please write a wanted order according to the following materials (30 points)
At about 4: 50 pm on February 1 2006, the Public Security Bureau of XX County, XX Province received a report that a murder case occurred in XX Village, XX Town, XX County, and four local villagers, Zhou XX, were hacked to death at home. After receiving the report, the provincial and county public security departments immediately carried out investigations. After a lot of careful investigation, the police locked the suspect into Zhao XX. Zhao XX, 42, is from XX Town, XX County. On the evening of February 9, Zhao XX sneaked into Zhou XX's home, killed his family of four with a kitchen knife, snatched some cash, and then fled the scene. The Public Security Bureau of XX County, XX Province decided to arrest Zhao in the whole province.
According to the police investigation, Zhao XX is about 1.65 meters tall, with a thin figure, split head, pointed face and dark skin. He had a scar the size of a silver dollar on his right face, and he ran away with a light blue traveling bag with white edges. Zhao also has the habit of carrying a pig killing knife with him. It is understood that Zhao XX was sentenced for theft and has been at large in the public security organs since 1985. Therefore, he had no identity card, and during his escape, He may use one of his brother's two ID cards (ID number: ××××××××× 19640204×××44, ××××× 44, ×××××45, ××× 45, ××× 45 and ××× 45 respectively). 45, 46, 46, 46, 45, 46, 45, 46, 45, 46 The police require that once clues are found, they can call 0 ××-78×× 020 to report the case.
Reference answer 1 (textbook P4 1 page, refer to P6-8 page):
Title:
Ordinary arrest warrant
× Gong (200 1)
Receiving unit:
* Provincial public security organs:
Text:
The wanted criminal Zhao ××××, 200 1 year on the evening of February 9th (brief case); Zhao XX, male, 42 years old, XX county people ................................................................................................................................................... .......... Zhao Xx's ID number is ×× 19640204 ..................................................... Zhao××× height 1.65m (physical characteristics); Zhao XXX has ..............................................................................................................................................................................
Work requirements and precautions: As Zhao XX carries
Contact person: ××× year × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × month × day × month × day × month × month × day × month × month × month × day × month × month × month × month × month × day × month × month × month × month × month × month × month × month
Xx municipal public security bureau
Attachment: Photos, fingerprints and social relations of wanted persons.
Tail: 200 1 year × month × day
Copy: ×× organ
Send: ×× organ
Reference answer 2 (textbook P4 1 page, refer to page P6-8):
Ordinary arrest warrant
× Gong Xingzi [200 1]No. ×
The provincial administrative offices and municipal (county) public security bureaus:
On the evening of February 9th, 200 1 year, there were four people in a family of Zhou ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Zhao XX, male, 42 years old, comes from XX Town, XX County, XX Province. Zhao is about 1.65 meters tall, with a thin figure, split head, pointed face and dark skin. He has a scar on his right face as big as a silver dollar. When Zhao escaped, he took a light blue and white-edged travel bag with him. Zhao also has the habit of carrying a pig killing knife with him. During his escape, he may use one of his brother's two ID cards (ID numbers are ××××××19640204×××× 44, ××××××××19570126××××× 34 respectively).
Because Zhao XX carries a pig knife with him,
Bright, shiny; Shine, shine
Please contact the street office, police station, township and transportation department immediately. They should be vigilant, pay attention to safety, and immediately deploy investigations, focusing on people who buy waste products on the street. Once they find clues, they should be detained immediately or call 0 ×××-78×× 020 to report the case quickly.
Contact: Han XX Tel: XX XX XX XX XX
Xx Provincial Public Security Department (seal)
Attachment: photo of Zhao prisoner's head 20065438+0 April 10
(two) please write a report on the detention of letters and visits according to the following materials (30 points)
Ye XX, a female villager in XX village, XX county, XX city, was brutally killed on the night of June 5438+1October 3 1 2000. The case was investigated by investigators Wang XX and Liu XX of XX County Public Security Bureau, and it was found that Li XX was one of the main suspects. With the approval of the director in charge, the investigator secretly extracted Li XX's fingerprint and handed it over to the technical department of the bureau for comparison with the fingerprints of criminals who stayed at the scene. After identification, the fingerprint of Li ×××× right index finger is consistent with the fingerprint on the spot. With approval, the investigators searched Li Xx's residence and extracted Li Xx's blue suit and trousers under his kang mat, with blood on the trouser legs. The blood test of these trousers by XX City Public Security Bureau showed that the blood was human blood, belonging to AB type, which was the same as the blood type of the deceased Ye XX. After finding out the pants with blood change, the investigators took monitoring measures against Li XX.
Li XX, male, 28 years old, (1born on October 20th, 197 1+65438), originally from XX county, XX province, is now a farmer in XX village, XX county, living in this village, Han nationality, and graduated from junior high school.
Li XX is from XX to XX in the village primary school in XX township, and from XX to the junior high school in XX township. In xx, Li xx was in xx city.
Administrative detention by public security organs for fighting with others during work 10 day. From XX to the crime, Li XX worked as a farmer in XX village, XX township.
Attachment: Article 232 of the Criminal Law stipulates that whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 6 1 of the Criminal Procedure Law stipulates that in any of the following circumstances, the public security organ may detain the flagrante delicto or major suspect in advance:
(3) criminal evidence is found around him or at his residence; .
Reference answer 1 (textbook P48-49, reference P 14):
Title:
Petition detention report
X. public quality (2000) X
Basic information of detainees: Li XX, male, 28 years old. ...........
Resume of the detainee; …………
Text:
Late night on June 365438, 2000+10/October 365438 +0, ...
This part clearly describes the situation related to the crime, so as to clarify the reasons for detention, which belongs to the situation of "finding criminal evidence around or in the residence"
To sum up, according to Article 6 1 of the Criminal Procedure Law, I hereby request the criminal suspect Li XX to be placed in criminal detention.
Tail:
No, please indicate.
Organizer: Criminal Police Team of XX County Public Security Bureau
Organizer: ×××××
XX, 2000
Reference answer 2 (textbook P48-49, reference P 14):
Leadership teaching
Do you agree to detention?
(Signature) Year Month Day
Do you agree to detention?
(Signature) Year Month Day
Petition detention report
Xxxx (2000)
Li XX, male, 28 years old, (1born on October 20th197/kloc-0 10), ethnic group: Han nationality, originally from XX county, XX province, now living in XX village, XX county, occupation: farmer.
Resume: I studied in XX village primary school in XX township from XX to XX;
I studied in XX Middle School in XX Township from XX to XX;
In XXX, he was administratively detained by the public security organs for fighting with workers while working in XXX 10 day;
From XX to the crime, I worked as a farmer in XX village, XX township.
Reasons and basis for detention:
Ye XX, a female villager in XX village, XX county, XX city, was brutally killed on the night of June 5438+1October 3 1 2000. After investigation and identification, the fingerprint of the right index finger of the criminal suspect Li XX is consistent with the fingerprint at the scene. Li XX's blue suit and trousers were taken out from under Li XX's kang mat, and the blood on the trouser legs was the same as that of the deceased Ye. Investigators have taken residential surveillance measures against Li XX.
Li XX's behavior has violated Article 230 of the Criminal Law of People's Republic of China (PRC) and is suspected of intentional homicide.
To sum up, according to the third paragraph of Article 61 of the Criminal Procedure Law of People's Republic of China (PRC), the criminal suspect Li XX is hereby put into criminal detention.
No, please indicate.
Organizer: Criminal Police Team of XX County Public Security Bureau
Organizers: Wang XXX, Liu XXX.
February 2004
"Legal Documents" Physical Examination Exercise 2 Answer
Thesis Writing
First of all, please write an indictment according to the following materials (50 points)
20065438+0 (July 22, 20001year) At about 3 pm on September 9, a child's right lower limb was found on the water near the Xinqiao construction site in XX city. On September 10, 1 1, the right upper limb and the left lower limb were fished out successively under the north bridge. Then, on the same five-mile water surface, dismembered heads and trunks were found, which were cut from joints. When salvaging the body, I found a child's clothes, a pair of plastic slippers, a pair of trousers and a rattan bag. After repeated salvage, the left upper limb was still not found. After forensic examination, the body of the same girl was 6 to 7 years old. Examination revealed that the victim was strangled. After death, he was dismembered by a sharp knife and dumped in the river. Therefore, the XX Public Security Bureau confirmed that the case was a murder and dismemberment case. After investigation, it was found that the victim was Zhang XX, 1994, 13, born in September.
After three days of intense investigation, the investigators of XX City Public Security Bureau confirmed that Sun XX was suspected of killing Zhang XX on the afternoon of September 13, and immediately detained him on suspicion of intentional homicide. /kloc-in September of 0/7, with the approval of the people's procuratorate of XX City, Sun XX was arrested according to law and detained in the detention center of XX City Public Security Bureau. After searching Sun Xx's residence, a lot of criminal evidence was obtained.
Sun XX, male, 28 years old, 1973 was born in a worker's family in XX city, XX province on February 25th. I am a factory worker and a primary school student in XX city.
Culture, Han nationality, living in XX Road. Sun studied since he was a child. 1984 third grade primary school, playing truant at home, and was later expelled from school. Since then, I have been wandering around the society all day. 1989 was sentenced to fixed-term imprisonment by XX people's court for theft in March 1 year. 1August, 999, I was introduced by my relatives to work in XX factory, but I often didn't go to work.
After investigation and preliminary examination by XX Municipal Public Security Bureau, it is confirmed that Sun XX's criminal facts are as follows:
As early as before the murder and dismemberment, Sun Xxx revealed to his friend Li Xxx many times: "Human flesh is the most tender, freshest and most beautiful to eat", "It takes 20 years to eat a human flesh", "It is best for children aged five or six to eat meat", "Children had better be coaxed into eating, and a few pieces of candy will come", "Pinch you to death" and so on. Sun pointed to pedestrians more than once and said, "This is delicious, that is not delicious" and so on. Driven by the above evil thoughts, Sun Xx saw Zhang Xx playing with other children downstairs in his residence at 6 pm on September 4, realizing the opportunity and having evil thoughts. When Zhang XX went to play in the sand in front of the XX cinema, Sun XX followed him, walked beside Zhang XX when no one was around, lured Zhang XX to the right side of the cinema gate with sugar as bait, and then turned to the western food market with prejudice. He went from an alley in the east of the West Food Market to a food shop on XX Road nearby and bought one. After staying outside the school until midnight 1, Sun Xx took Zhang Xx back to his residence. When entering the door, Sun Xxx strangled Zhang Xxx with both hands, and then carried Zhang Xxx's body upstairs to his room and hid it under the bed. At noon on September 5, Sun XX took a knife from his mother's residence and found a gray brick to grind. At two o'clock in the afternoon, when the aunt, cousin and others who lived upstairs went to work and school, Sun XX dragged the body out and put it on a white rectangular porcelain basin (43×63 cm) for dismemberment. That night, Sun Xx rode a bicycle and threw the body into the river twice. On the morning of September 6th, Sun XX bought fine salt and pickled the muscles stripped from the corpse. At noon on the 6th, morning on the 7th, morning on the 8th and morning on the 9th, Sun Xx cooked salted human flesh several times. Later, because human flesh stinks, I wrapped it in an old white plastic raincoat and hung it on the wall. On September 10, Sun XX went to his home in XX County for the Mid-Autumn Festival. 12 returned, and 13 was arrested and brought to justice.
The evidence of Sun Xx's criminal facts is:
(1) Hair and muscle were taken from the body of the victim Zhang×××× salvaged from the river for blood type test, and it was "AB" type. Blood type on the floor and straw mat of Sun Xx's residence.
After inspection, they are all "AB" type. Sun XX's blood type is "O". The blood of Sun Xx's sister (who once lived in Sun Xx's room) is "A" type.
(2) After Sun Xx's confession, the investigators examined the enamel basin used to dismember the body and the black bag with limbs and head, and found that the blood was AB.
(3) The rattan bag for holding the body and trunk and the tape for dressing the mouth salvaged from the river were identified by Sun Xx's mother, sister and younger sister as belonging to their family and placed in Sun Xx's residence.
(4) According to Sun Xx's confession, the knife extracted during the search of Sun Xx's residence was a murder weapon for dismembering the body. It was said that it was taken from his mother and then twisted on the ground. Sun Xx's sister and brother proved it to be true.
(5) Sun Xx confessed that he bought a catty of refined salt on September 6th and used some pickled human flesh. During the search, about 3 ounces of refined salt were seized. The sediment extracted from "formalin" water soaked in human flesh was qualitatively and quantitatively analyzed by spectrometer. The results showed that human flesh was preserved with salt, and the dosage was at least four taels, which was consistent with Sun Xx's confession.
(6) Sun XX confessed that when he took the victim away, he found a pencil sharpener in Zhang XX's pocket. Confirmed by the victim's parents and the children playing with Zhang XX that afternoon, Zhang XX did have a knife.
(7) After judicial appraisal, Sun Xx is in a normal mental state and has no mental illness.
According to the above criminal facts and evidence, the Public Security Bureau of Xx City believes that Sun XX deliberately killed others and dismembered and cooked the body to meet his abnormal needs. The facts are clear and the evidence is conclusive. His behavior has violated the provisions of Article 232 of the Criminal Law. The criminal means and circumstances are extremely cruel and harmful to society, and must be severely punished. Therefore, according to the provisions of Article 129 of the Criminal Procedure Law, on September 20, 2006, the XX Municipal Public Security Bureau transferred the case to the XX Municipal People's Procuratorate for examination and prosecution with Volume 3 10 of the Pre-trial File of Prosecution Opinion No.20. After examination, the People's Procuratorate of XX City held that the opinions of the Public Security Bureau of XX City were completely correct, and Sun XX should be investigated for criminal responsibility for intentional homicide, so a public prosecution was filed with the People's Court of XX City on June 5,/kloc-0.
Reference answer 1 (page P78-84 of the textbook and page P44-49 of the reference):
Title:
Xx people's procuratorate
letter of complaint
The criminal prosecution certificate number is [200 1]
Basic information of the defendant: ........
Basic information of the victim: ........
The case of the defendant Sun Moumou's intentional homicide.
Text:
1. Facts and evidence of the case
Understand ... understand ... understand.
The facts of the above evidence are clear and the evidence is sufficient to confirm.
2. Reasons and basis for prosecution
In our hospital's view, Sun Xx wants to meet his abnormal requirements. ...
In accordance with the provisions of Article 141 of the Criminal Procedure Law, if a public prosecution is initiated, please severely punish it according to law.
Tail:
I am here to convey
Xx Municipal People's Court
Inspector: ××
Clerk: ××××
200 1× month× day
(Seal of Institute)
Attachment: evidence list, witness list, and copy of main evidence.
Reference answer 2 (page P78-84 of the textbook and page P44-49 of the reference):
Xxxx Municipal People's Procuratorate
letter of complaint
Criminal Inspection [200 1]No. ××
Defendant Sun Xx, male, 28 years old, 1973, was born in a worker's family in XX city, XX province. I am a factory worker in XX city, with primary school education, Han nationality. I live at 10. On Xx Road in XX City, Sun XX played truant and was expelled from school. Then I wandered around the society all day. 1989 was sentenced to fixed-term imprisonment by XX people's court for theft in March 1 year. 1August, 1999, I was introduced by my relatives to work in XX factory, but I often didn't go to work. 2001September 13 is now under arrest for intentional homicide,
On September 3rd, 20001year, he was criminally detained by the public security bureau of XX city, and was arrested by the public security bureau of XX city on September 7th, 20065438 with the approval of our hospital. He is now detained in the detention center of XX city public security bureau.
Victim Zhang XX, female, lives. XX Road, XX City, was born in June 65438+September 0994. Entrusted agent ××××××.
The case was terminated by the investigation of XX Public Security Bureau. On September 20th, 20001year, the defendant Sun Xx was suspected of intentional homicide, and he was transferred to our hospital for examination and prosecution with three volumes of pre-trial file of Prosecution Opinion No.20 and 10. After our hospital accepted the case, on September 20th, 20001year, he was informed that the defendant had the right to entrust a defender.
On September 2 1 20065438, the victim's agent ad litem XXX and his parents were notified, the defendant was interrogated according to law, the opinions of the victim's agent ad litem XXX and the defendant's dialectical guardian XXX were listened to, and all the case materials were reviewed.
After legal examination, the defendant Sun Xx saw Zhang Xx playing with other children downstairs in his residence at 6 pm on September 4, 2000/KLOC-0, and had evil thoughts. When Zhang XX was playing with sand in the cinema, he lured Zhang XX to the right side of the cinema gate with sugar as bait, then picked him up and went to a vegetable market in the east of the vegetable market. He bought a baked wheat cake for Zhang XX to eat, and kept it until the evening, around 10, before Sun XX took Zhang XX to his residence. As soon as he came in, Sun XX put Zhang XX in his hand. Sun XX went to his mother's house to get a kitchen knife and found a brick to grind the knife. At two o'clock in the afternoon, when the mother, sister and others living upstairs went to work and school, Sun XX dragged the body out and put it on a long white porcelain basin to decompose the limbs. That night, Sun XX rode his bike twice and threw it into the river. On the morning of September 6th, Sun XX bought fine salt and pickled the muscles stripped from the corpse. At noon on the 6th, and on the mornings of the 7th, 8th and 9th, Sun Xx cooked the preserved human flesh several times, then wrapped it in an old white plastic raincoat and hung it on the wall. Before killing people and dismembering them, Sun XX once tempted his friend Li XX to say that "human flesh is tender and tastes fresh, and children aged five or six are better if they live for twenty years". "Children had better coax a few sweets" and "pinch to death" and so on. Sun pointed to pedestrians more than once and said, "This is delicious, that is not delicious" and so on. Driven by the above evil thoughts, Sun XX did this to the victim.
The arguments for the above facts are as follows: 1. Salvage the victim's body from the river and take hair and muscle for blood type test, yes. "
Type AB, Sun Xxx's blood type is O, and Sun Xxx's sister's blood type is A. 2. After Sun Xx confessed, the investigators examined the enamel basin used to dismember the body and the black bag containing limbs and head, and the blood was AB. 3. Salvage rattan bags and belts with mouths containing corpses and trunks from the river. It is kept by Sun Xx's mother, sister and younger sister. It must belong to their family and is kept at Sun Xx's residence. 4. According to Sun Xx's confession, the knife extracted during the search of Sun Xx's residence was the murder weapon of the limb corpse, and it was taken out from his mother and the ground. Sun Xx's sister and brother proved it to be true. 5. Sun Xx confessed that he bought a catty of refined salt on September 6th and used some pickled human flesh. During the search, about three ounces of salt were seized, and the sediment in "formalin" water soaked in human flesh was extracted. Spectrometer identification results show that human flesh is indeed preserved with salt, and the dosage is at least four taels, which is consistent with Sun Xx's confession. 6. Sun Xx confessed that when he took the victim away, he found a pencil sharpener in Zhang Xx's pocket. After the memories of the families of the victims and the children who played with Zhang XX that afternoon. Zhang XX did bring a knife that day. 7. After forensic identification, Sun Xx has a normal mental state and no mental illness.
The above-mentioned criminal facts are clear and the evidence is conclusive enough to be determined.
In our court's opinion, the defendant Sun Xx intentionally killed others, dismembered and cooked corpses to meet his own abnormal needs, and his behavior has violated the provisions of Article 232 of the Criminal Law of People's Republic of China (PRC). The criminal means and circumstances are extremely cruel and bad, which is extremely harmful to society and must be severely punished. Defendant Sun Xx has clear criminal facts and conclusive evidence. Sun XX should be investigated for criminal responsibility for intentional homicide. According to the provisions of Article 141 of the Criminal Procedure Law of People's Republic of China (PRC), our court has initiated a public prosecution, so please make a judgment according to law.
I am here to convey
Xxxx Municipal People's Court
Inspector: ×××××
Clerk: ××××
5 June 2004 10
(Seal of Institute)
Attachment: 1 Defendant Sun Xx is currently detained in the detention center of XX Public Security Bureau.
2. List of evidence
3, a copy of the main evidence.
Two, please write a first-instance criminal judgment according to the following materials (50 points).
On April 65, 20065438, at about 65 438+00 in the afternoon, the XX Public Security Bureau received a report that Xu XX (female), a villager in XX village, XX township, was attacked by criminals at night, and her head was cut off many times, and several fingers were cut off, and her blood flowed to the scene for investigation.
On-the-spot investigation found that the location of the crime was a three-story tile house, facing north to south, followed by a two-point bamboo garden with fences on both sides. There is an east-west river in the north of Zhuyuan, and a dam head leads to the opposite wheat field. There is a cloth shoe print of a right foot on the mud of the dam head, which is 25.8 cm long. There is a small poplar tree on the river bank next to the dam head, with bloody handprints on it. From Xu XX's house, the kitchen is in the east, and the crime scene is in the central hall. There is a square table on the right side of the hall and a square stool from the hall to the kitchen door. There is an unfinished sweater vest on the square stool. There is a pool of blood on the ground next to the square table and stool. There was a small amount of hair on the pool of blood, two cut hands of the victim, and two small pieces of broken bones of the victim's occipital bone. On the ground next to a pool of blood in the center of the hall, there are still two traces of being cut by a firewood knife, one is the back of the knife and the other is the edge. There is blood on the legs and the table. On the partition walls on both sides of the hall, there are many blood spots, some are up and down, some are from bottom to top, some are flat, and the distribution of blood spots is very high, the highest is 2.55 meters. There are two pins on the back, one on each pin and one on the door frame.
There are bloody fingerprints. From the azimuth point of view, they all belong to the right hand fingerprint. On the ground to the left of the back door, there is a kitchen knife with blood on it. After inspection, things such as cabinets and water tanks in the room and things in the kitchen have not been turned over. The water bottles and stainless steel pot on the big table in the first room are also placed as they are. Victim Xu XX, female, 3 1 year-old, has two children at home, the older one is1year-old and the younger one is 7 years old. My wife works in the provincial geological team. According to her self-report after waking up, after dinner on the day of the incident, around 8 o'clock, Xu Xian arranged for two children to sleep. At this time, she heard Chen XX, a neighbor next door, ask her to get bath water. She then made a dash for the door, went to Chen XX's house to get water, and played in Chen's house for a few minutes. After the water came back, she didn't take a bath, but wiped herself with water. After closing the door, I lit a kerosene lamp and sat on the square stool near the door of the stove in the main house to knit a sweater vest. After a while, a gangster suddenly jumped out of the kitchen. First, he slapped her on the back, then blew out the kerosene lamp on the table, and then raised his knife and cut it at her head and face. Xu XX immediately fainted to the ground.
Forensic doctors and doctors confirmed that Xu XX's face was cut four times (* * * seam 1 1 needle, leaving obvious scars) and two teeth were knocked out; The back of the head was cut three times, many hairs were cut off, and two broken bones were taken out from a knife edge. The good, ring and ring finger of the left hand were cut off, which was caused by Xu XX covering his head with his hand when he was cut.
After repeated investigations and visits, the public security organs cracked the case. With the approval of the people's procuratorate of ×××××, the criminal Zhu×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
It turns out that this criminal is the nephew of the victim. Born on February 5, 1983 in/kloc-0, a senior three student in XX Middle School. Before 1997, he didn't learn the right way and often played hooligans. 1997 In the second half of the year, I went to XX Middle School, but my bad habits remained unchanged. On the evening of April 10, Zhu wanted to go to the cinema with his sister, but her sister refused to take it, so he hid behind the Xu family and wanted to wait for her to leave before going to the cinema. While waiting at the back of the house, I heard Chen XX calling Xu XX for bath water. At this time, he had a brainwave, a cruel attack and his brain was broken. He slipped out of the back of the house and walked to the mound next to Xu XX's door. When Xu XX went out to give Chen a bath water, he jumped into his house and hid in the kitchen hall, trying to peek at Xu XX taking a bath, but Xu XX found out. At this time, Zhu was disappointed to see that she didn't take a bath. At the same time, because of her long incubation period, stomachache, and eagerness to defecate, she couldn't get out, so she had the evil thoughts of killing people. So I touched a kitchen knife on the Xu family's cylinder cover. Sneak behind Xu, blow out the kerosene lamp, attack him and slash with a knife. The more victims cry for help, the more violent criminals become. It was not until the neighbors heard the cry for help and rushed to the door that the criminals dared to unlock the back door and escape from the dam head on the river. Xu XX immediately fainted to the ground.
A few drops of blood were found on the clothes and socks handed in by Zhu XX, which was consistent with the blood type of the victim, the kitchen knife at the scene and the blood on the ground after technical inspection. By comparison, Zhu's fingerprint is consistent with the scene.
After the investigation by the Public Security Bureau, the case will be transferred to the People's Procuratorate for review and prosecution. The People's Procuratorate of XX believes that the defendant Zhu XX's behavior has constituted the crime of intentional homicide and should be investigated for criminal responsibility. Therefore, on May 0, 2006, at 55438+0, 10, the defendant Zhu XX was prosecuted as "indictmentNo. 122".
Defendant Zhu XX committed the crime of intentional homicide and filed a public prosecution with the XX People's Court. After the people's court accepted the case, it formed a collegial panel (presiding judge ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Yu XX, the procurator of the People's Procuratorate, appeared in court to support the public prosecution. Defendant Zhu XX entrusted Gao XX, a lawyer of a law firm, as the defender. Gao XX defended Zhu XX, saying that "his behavior should be given a lighter punishment before the attempted crime". The court held that the facts of the defendant Zhu XX's crime were clear, and the evidence was sufficient and true. The defendant also confessed that his behavior had violated the provisions of Article 232 of the Criminal Law of our country, which constituted the crime of intentional homicide. Considering that the defendant Zhu XX's behavior was attempted, according to the provisions of Articles 232 and 23 of the Criminal Law, it was decided to sentence the defendant Zhu XX to eight years' imprisonment.
Reference answer 1 (textbook P 109- 1 15, refer to P86——94):
Part I: Judgment of the People's Court on Criminal Matters (Public Prosecution Case of First Instance) (×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× , where is it now). Advocates ..... (specify name, gender, work unit and position). The People's Procuratorate of XX accused the defendant Zhu XX of intentional homicide with indictmentNo.. * * year * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * month * day. Date × month × day × month × day × month × day × month × day × month × day × month × day × day × month × day × day × month × day × day × day × day × month × day × month × day × month × day × day: ...... Find out through trial that ... (Write down the facts, circumstances and evidence found by the court in detail. If the prosecution and the defense disagree with the facts, circumstances and evidence, they should analyze and deny them. Here, we should not only list the evidence, but also prove that the facts identified in this judgment are correct through the analysis and demonstration of the main evidence. We should resolutely change the empty word "irrefutable evidence is like a mountain" to replace the formulaic writing of concrete evidence to identify criminal facts. We believe that ..... [According to the verified facts, circumstances and legal provisions, we should demonstrate whether the defendant committed a crime and what crime he committed (if there are more than one person in a case, we should also distinguish the status, role and criminal responsibility of each defendant), and we should combine leniency with severity. The opinions and reasons of the prosecution and the defense on the application of the law should be analyzed, adopted or refuted. According to the provisions of … (specify the legal provisions on which the judgment is based), the judgment is as follows: … [specify the judgment result. There are three situations: 1. If convicted and sentenced, it is expressed as: "1. The defendant ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Two, the expression of conviction and exemption from punishment is: