A copy of the indictment in a criminal case should be served on the defendant and his defender ten days before the court session, that is, if the family members are the defendants' defenders, then the court will serve the criminal indictment on the defenders (that is, the family members), and only in this case will it be served on the family members. If the family member is not a defender, then the family member can consult the defendant or the defendant's defender. When investigating a case, a prosecution opinion shall be made, which shall be approved by the person in charge of the public security organ at or above the county level, and transferred to the people's procuratorate at the same level for examination and decision together with all the case files, evidence and opinions put forward by the defense lawyer.
Examples of prosecution opinions include:
1, the first part, including the producer, file name, document number, basic information of the suspect and the alleged charges, the source of the case, the start time of various legal procedures during the investigation and the arrest of the suspect;
Write down the following in turn:
(1) title, located at the top center of the document, consists of "organization name+language" and is divided into two lines;
(2) The number, at the lower right of the title, consists of the power of attorney of the public security organ, the abbreviation, year and case number of the procedures and documents. ;
(3) The basic information of the criminal suspect and his illegal and criminal experience;
(4) Interlanguage.
2. The text, including the criminal facts ascertained by the public security organs according to law, the evidence to prove the above facts, the relevant information of the case and the reasons for making the prosecution opinions;
Write down the following in turn:
(1) Criminal facts;
(2) Reasons and legal basis for prosecution.
At the end, first state the name of the recipient. Then it is issued by the public security bureau chief at or above the county level, and the position, name and seal are arranged at the end of the document. The date of issuance of the document shall be signed by the director and stamped with the official seal of the Public Security Bureau. Finally, write the attached items in the lower left corner. If the suspect is currently in custody; The number of pages, evidence, name, quantity and storage place of the stolen goods in the pre-trial file of this case; The name, occupation and address of the witness; Name, position, unit and address of the appraiser.
To sum up, the prosecution opinion is an important legal document of the procuratorate and cannot be shown to family members or criminal suspects.
Legal basis:
Article 120 of the Civil Procedure Law of People's Republic of China (PRC)
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 12 1
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.