You should write the indictment yourself and submit it to the court (you can ask a lawyer to write it for you), but it must follow a fixed format.
Format:
×××× People’s Procuratorate Indictment
×××× Word Count:
Part One: Name of the Defendant , gender, age (date, month, and day of birth), place of origin, ethnicity, education level, unit, position, address, year, month, and day whether you have been criminally punished, detained, or arrested.
Part 2: Cause and source of the case.
Part Three: Criminal Facts and Evidence.
Part 4: Reasons for prosecution and legal basis.
Hereby announces
×××× People’s Court
Procurator-General (member):×××
×Year×Month×
Explanation
The indictment is a legal document in which the People's Procuratorate files a public prosecution in the People's Court on behalf of the country in accordance with legal procedures. Because the prosecution is filed as a public prosecutor, it is also called an indictment. An indictment is a printed document. In addition to the first and last parts, there are three main parts;
"Facts and Evidence" is generally the main part of the indictment. Cases of different natures must state the characteristics of the crime in accordance with the law; the crime facts must state the time, location, means, purpose (motive), process, consequences and other elements. Pay attention to the consistency of facts and time, and protect the reputation of the victim. The description of criminal facts should be based on the characteristics of the case, be appropriately detailed, and have clear priorities.
The "Attachment" to the indictment is filled out based on the facts of the case, including the defendant's custody location, number of files, stolen goods and evidence, etc. The indictment is drafted and printed on a case-by-case basis in multiple copies. Among them, there is mainly a copy from the People's Court, with a copy from the public security organ attached; a copy of the defense statement sent to each defendant through the court; a copy from the prosecutor's file, and a copy from the procuratorate's internal file.
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How to write
A complaint is commonly known as a "pleading". It is one of the most frequently used judicial instruments. If someone else infringes upon your legitimate rights and interests, and if you want to "complain" according to law, you must write a complaint. The indictment includes criminal indictment, civil indictment and administrative indictment.
Basic writing method
The indictment is mainly divided into three parts: the header, the main body, and the tail, plus attachments.
1. The first part.
Include title, parties (including agents, representatives, case identity persons, etc.). The title should state the nature of the case and the type of document, such as "Criminal Complaint", "Civil Complaint" or "Administrative Complaint". The parties include the plaintiff and the defendant, written in the order of plaintiff first and then defendant;
Indicate the name, gender, age, ethnicity, place of origin, occupation, work unit and address of the parties. If it is an agency, group or enterprise, the full name of the unit, location and the name and position of the legal representative should be stated. The cause of the case should state the name of the case, such as divorce, inheritance, damages, etc.
2. Text.
Include request matters, facts and reasons. The request should specify specific issues related to civil, criminal or administrative rights and interests disputes that the court is requesting to resolve, such as requesting a divorce from the defendant, compensation for losses, performance of a contract, etc. Facts and reasons must first state clearly the facts of the infringement or crime and the specific content of the dispute between the two parties;
When, where, who, what means were used, what circumstances were used, what harmful consequences were caused, The respective responsibilities and substantive differences should be clearly stated. Then, explain the reasons based on the facts and evidence. The specific writing method can be to explain the reasons after writing the facts, or to explain the reasons while writing the facts, depending on the specific situation.
3. Tail.
At the bottom of the text, write the agency in a new line, and then sign or seal the party concerned in the lower right corner, and indicate the specific year, month, and day. If a lawyer or someone else is writing on behalf of the person, the name and workplace of the person writing the letter should be clearly stated.
4. The attachments
should indicate the number of copies of the indictment and types of evidence, the names, number of witnesses, names and addresses of witnesses.
Notes
First, the writing of the pleading must meet the conditions stipulated by law. If a criminal complaint is only applicable to criminal private prosecution cases, in public prosecution cases, the People's Procuratorate must prepare an indictment during the public prosecution.
Secondly, the content of the petition must be based on facts and the law, and reflect the spirit of justice.
Third, the writing of the complaint must be clear, specific, detailed and concise.
Reference: Baidu Encyclopedia: Indictment"