Whether the identity of the defendant or the victim is charged with a crime; Whether the alleged crime was committed by the defendant; Whether the defendant has criminal responsibility, innocence, motive and purpose of the crime; The time, place, means, consequences and reasons of the crime; Procedural facts such as jurisdiction, withdrawal of the lawsuit and postponement of the trial. ; Other facts related to conviction and sentencing.
How to distinguish criminal cases from civil cases?
They are different in nature, and substantive law and procedural law are applicable.
1. Nature: A criminal case refers to a criminal act that endangers society, violates the criminal law and should be punished by the criminal law. Belonging to the nature of class contradiction; Civil cases mainly refer to disputes about the nature of civil obligations and rights, which are contradictions among the people.
Generally speaking, the only law applicable to criminal cases is criminal law; In civil cases, the generally applicable substantive rules are the General Principles of Civil Law and Marriage Law.
3. When trying civil cases, the relevant departments usually apply the relevant provisions of the Civil Procedure Law and judicial interpretation; In the trial of criminal cases, only the relevant provisions of the Criminal Procedure Law and judicial interpretation are generally applicable.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 72 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC).
The facts of the case that should be proved by evidence include:
(a) The identity of the defendant and the victim;
(2) Whether the alleged crime exists;
(3) Whether the alleged crime was committed by the defendant;
(four) whether the defendant has the ability of criminal responsibility, whether he is innocent, and the motive and purpose of the crime;
(five) the time, place, means, consequences and reasons of the crime;
(six) whether * * * is related to the crime or the facts of the crime, and the position and role of the defendant in the crime;
(7) The defendant fails to be given a heavier, lighter, mitigated or exempted punishment;
(eight) the facts of handling the property involved;
(nine) the facts of incidental civil action;
(10) Procedural facts related to jurisdiction, withdrawal and postponement of trial;
(eleven) other facts related to conviction and sentencing.