How to write a civil action attached to criminal proceedings?
In the process of handling criminal cases, it often involves the handling of civil cases, and at the same time, it is necessary to file a lawsuit request according to the actual situation. Then, how is the criminal incidental civil procedure written in a standardized way? According to the relevant regulations, when writing the agreement, the contents include the description of the private prosecutor, the origin of the case and the facts and reasons of the case. Civil action incidental to criminal proceedings generally includes three parts: private prosecutor, cause of action, facts and reasons. Format of criminal private prosecution Private prosecutor: name, gender, date of birth, nationality, education level, work unit, occupation and address. (If the plaintiff is a unit, the name of the unit, the name and position of the legal representative and the address of the unit shall be stated. Defendant: name, gender, date of birth, nationality, education level, work unit, occupation and address. (If the defendant is a unit, the name of the unit, the name of the legal representative, position and address of the unit shall be stated. ) 1. cause of action: request: (specify the purpose of bringing a lawsuit to the court) 1. 2. two. Facts and reasons: (state the factual basis and legal basis of prosecution or litigation request, including evidence and witness's name and contact information) to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. A copy of the evidence; Third, other materials. Note: (1), the complaint is written with pen or brush. (2) Name, gender, date of birth, nationality, native place, occupation or work unit, position, address, etc. It should be indicated in the "parties" column. If you really don't know the date of birth of the defendant, you can indicate your age. (3) In the column of "Cause of Action and Request", the accusation and specific request shall be clearly stated. (4) If there is not enough space in the "facts and reasons" section, a middle page can be added. (5) The number of copies of the indictment shall be submitted according to the number of defendants. Example: Plaintiff of incidental civil action in criminal indictment: Li, female, born on, Han nationality, living in Taiping District of this city 1; Plaintiff in incidental civil action: Wang, female, born on, Han nationality, with the same address as above. Legal Representative: Defendant in incidental civil action: Zhang, male, born on, Han nationality, living in Taiping District of this Municipality. 1. Severely punish the defendant according to law; Second, the defendant was ordered to compensate the plaintiff for all the losses caused by his criminal acts in accordance with the law, 557,872.39 yuan. Among them, death compensation 144820 yuan; Medical expenses are 9572.39 yuan; The living expenses of the dependents are 98,280 yuan; The funeral expenses are 5,000 yuan; Transportation fee 200 yuan; Mental damage compensation, 300,000. Facts and reasons At 4 o'clock in the afternoon of August 18, 2008, near Taiping Post Office, the defendant Zhang stabbed the victim several times with a sharp knife, causing the victim to die after being rescued. After the incident, the relatives of the victims were heartbroken. This 60-year-old mother is in Lacrimosa all day, and she is in pain. /kloc-A child under 0/0 loses his father forever after losing his maternal love. The defendant ignored the laws of the state and the life and health of others, and even killed people in broad daylight, which shows his arrogance, deep subjective malignancy and bad behavior. The defendant's criminal behavior not only illegally deprived the victim of his life, but also brought great pain to the plaintiff and his family, and also caused huge economic losses to the victim's relatives. Therefore, the court is required to severely punish the defendant according to law, order him to bear civil liability for compensation, and safeguard the legal dignity and legitimate rights and interests of the plaintiff in the incidental civil action. To the Prosecutor of Fuxin Intermediate People's Court: To sum up, the standardization of the writing of criminal incidental civil litigation documents is conducive to clearly knowing the main problems and solutions of the case during the litigation process. At the same time, when writing documents attached to criminal civil proceedings, we should also pay attention to the effective date in the main contents and the authenticity and validity of the identity information of the parties. In order to better complete the proceedings, relevant personnel should actively cooperate.