1. Title Written in two lines: in the upper part of the instrument in the center of the "× × × People's Court". Sentenced in foreign cases, courts at all levels should be crowned with the name of our country, the font is larger than the text; in the name of the court in the middle of the next line to write "Criminal Judgment", the font should be larger than the text of the two, in order to be conspicuous. It is worth noting that: the name of the type of paper before the trial level is not added, and does not indicate the nature of the instrument of words, such as "guilty" and other words. 2. No. In the title of the lower right hand side of the instrument number. Such as: "[year] x criminal initial word No. x". 3. Public Prosecution and litigation participants For public prosecution cases, first write the name of the public prosecution that is the name of the procuratorate. Such as: "public prosecution: × × × people's procuratorate". Can not write "× × × × People's Procuratorate Procuratorate (or member) × × ×". For private prosecution cases, the first list of private prosecutors. Write the identity of the private prosecutor, including name, sex, date of birth, nationality, place of origin, education level, occupation or position, unit and address. If there are several pro se litigants, they are listed in order. Identity matters of the defendant. After writing the public prosecution or the private prosecution, write the defendant's identity and other information. Including name (former name, alias, pseudonym), gender, date of birth, nationality, place of origin, position or occupation, unit and address; the defendant has been subject to criminal sanctions, correctional labor sanctions, or in the period of restriction of liberty and escaped, may constitute a recidivism or statutory aggravating and aggravating circumstances, should be written and time; for this case is subject to coercive measures should be written detained and arrested. If the defendant has been subjected to compulsory measures in connection with the case, the time of detention or arrest shall be stated. If the defendant has been placed in custody for interrogation and his personal freedom has been restricted during this period, the starting and ending dates shall be written down for the purpose of offsetting the sentence. If the defendant is a legal person, the full name and address of the organization, the name and position of the legal representative or the principal person in charge of the organization shall be stated. If the defendant is a minor or a person with restricted capacity, the words "legal representative" or "designated agent" shall also be inserted under the words. If there are more than one defendant in a case, the identity of each defendant should be written in the order of the principal offender, accessory. In the column of the defender, if the defender is a lawyer, only write the name, work unit and position; if the defender is someone else, write "defender: x x x, gender, age, x x work in x x unit, with the defendant is x x relationship. Self-represented cases and victims of public prosecution cases, if entrusted to an agent, the agent should be written in the next line of his or her agent. The agent's writing and the defense of the writing is roughly the same. 4. the case trial of the case trial of the case refers to the origin of the case and the trial of the expression, including the following: the case and the source of the case, that is, write the name of the defendant, the crime and the origin of the case (to write the court accepted the time of this case, in order to calculate the duration of the trial); the organization of the trial, that is, the court composed of the collegiality of the court according to law, the trial was held in public, or closed according to law (write this) This content is related to the implementation of the principle of public trial); the public prosecutor and the defendant and his defense, witnesses, experts and so on to the court. Public prosecution and private prosecution cases have different ways of writing, respectively: (1) public prosecution cases. Write: "The ×××× People's Procuratorate filed a public prosecution with this court on ×××× × × × × with the defendant ××× committing the crime of ×. After accepting the case, this court, according to law, formed a collegial court (or according to law, the trial judge ××× tried the case alone), and heard the case in public (or closed) session. ×××The Procurator-General (or member) of the x x x People's Procuratorate x x x appeared in court to support the prosecution, and the defendant x x x, his defender x x x, and witnesses x x x appeared in court to participate in the proceedings. This case is now concluded." (2) Pro se cases. Write, "The private prosecutor x x x has filed a complaint with this court on the ground that the defendant x x x is guilty of x crime. After accepting the case, this court, in accordance with the law, by the trial judge × × × sole trial (or form a collegial court), open (or closed) session of the trial of this case. Prosecutor × × × ×, the defendant × × × × and his defender × × × × and so on to the court to participate in the proceedings. This case is now concluded." (3) Self-claim and counter-claim are heard together in a case. Write, "The private prosecutor ××× filed a complaint in this case against the defendant ××× for committing the crime of ×××; after this court accepted the case, the defendant ××× filed a counterclaim against the private prosecutor ××× for committing the crime of ×××, which was able to be substantiated after examination. After this court accepted the case, it formed a collegial court (or trial judge × × × × alone) according to the law, and held a joint trial of this case in open (or closed) session. Self-appellant (counter-appellee) x x x and his attorney (defender) x x x, defendant (counter-appellant) x x x and his defender (attorney) x x x, and witnesses x x x were present in court to participate in the proceedings. This case is now concluded." For some major and difficult cases which have been reported to the Trial Committee for discussion and decision, between "this case" and "the trial is now concluded" in the section on the cause of the case, add the words "the collegial panel deliberated and the Trial Committee discussed and made a decision". decision".
Body
1. Facts The reasoning and the outcome of the judgment are based on facts. First, outline the basic elements of the Prosecutor's Office allegations, followed by the defendant's confession, defense and defense points. Next, focus on the facts as found by the court. This fact, is guilty, not guilty and qualitative sentencing of the main basis, so follow the "faithful to the truth" principle to write the facts found by the court. Specifically, we should pay attention to the following aspects: (1) the content of the facts of the crime, to write the seven elements of the facts of the crime, the facts of the crime should be written comprehensively, reflecting the facts of the case of criminal behavior of the perpetrator of the facts of the time, place, motivation, purpose, means, circumstances, and the results must be thorough. In some cases, it is also necessary to write the defendant's attitude and performance afterward. About time, the requirements of precision, according to the time itself can prove that the defendant has the possibility of the case, to write out the specific year, month, day, time; about the location, should be written exactly, do not confuse the name of the similar places, especially the location of the details of the address must be written accurately; about the motivation, should be the real motivation of the crime that is the real impetus for the perpetrator to carry out the criminal act of the inner cause of the crime to write a clear; about the Purpose, this constitutes an important factor in the subjective aspect of the crime, must be the psychological state of the perpetrator hopes to achieve the external results; about the means, by writing the implementation of the criminal behavior of the ways and means, can reflect the size of the defendant's subjective malignancy; about the circumstances, to write the process of criminal behavior, through the crime of the various stages of the situation and the changes, reflecting the "less serious", "less serious", "less serious", "less serious", "less serious", "less serious" and "less serious". ", "serious", "particularly serious" and "particularly bad"; on the results, to make people understand the harmful consequences of the crime on the With regard to the results, it is necessary to make people understand the harmful consequences of the crime to the society, and to reflect whether the consequences are "not yet serious", "serious", or "particularly serious". (2) Through the analysis and argumentation of the main evidence to show that the determination of the facts of the crime is accurate, that is, the facts of the crime should be conclusive. Whether the facts are true and reliable, to let the evidence to speak, therefore, in the first instance criminal judgment in the narrative of the facts of the crime, to cite the court to verify the evidence used to prove that the defendant is guilty of a serious or minor offense to prove the facts of the crime. Evidence must be able to prove the real situation of the case and verified facts. According to the provisions of China's Criminal Procedure Law, there are seven types of evidence: physical evidence, documentary evidence; witness statements; victim statements; confessions and arguments of suspects and defendants; appraisal conclusions; investigation and examination records; and audio-visual materials. Only the defendant's confession, there is no other evidence, the defendant can not be found guilty and sentenced; without the defendant's confession, the evidence is sufficient and true, the defendant can be found guilty and sentenced. Witness testimony must be examined and cross-examined in court by the prosecution, the victim, the defendant and the defense, and only after verification can it be used as the basis for a conviction. If the case is mainly based on circumstantial evidence, the evidence should be able to corroborate each other. Evidence can be written in a variety of ways. The case is simple, you can focus on the analysis of evidence; the case is complex, you can narrate, while the evidence; a person or group crime cases, you can also be divided into sub-person by person or crime by crime, the analysis of evidence. For example: "The above facts, with the victim × × × ×, × × × × of the report and statement transcripts, with witnesses × × × ×, × × × × testimony, with × × × Public Security Bureau of the scene investigation transcripts, with the seized tools of the crime, iron Kun, triangular spatula, with the seizure of the stolen money in cash × × × yuan and forensic medical certificate for evidence, after the court of investigation and verification of the truth, the facts are clear, the evidence is true, sufficient. The defendant also confessed in the trial." Evidence must be cited specifically, and in the past, some first instance criminal verdicts do not pay attention to citing specific evidence, with some formulaic writing, such as "the facts are clear, the evidence is solid, and the defendant also confessed" or "the defendant of the above crimes, there are witnesses, physical evidence, documentary evidence in the volume, sufficient to determine that "and other phrases, seemingly empty. However, the evidence can not be too cumbersome to write, the requirements of understanding, clear and concise . (3) narration of the facts of the crime should be focused, to be able to prove the defendant's crime, culpability of the substantive facts, focus on the expression, and the conviction and sentence of little or no significance of the circumstances should be written or not written. The defendant several times to commit a crime, or several times to commit several cases, must highlight the main crime, by highlighting the narrative of the main crime, according to the needs of the narrative of the secondary crime to reflect the essential characteristics of the defendant's crime. In general*** cases of the same crime, the main crime should be described as the main line. In the case of group crimes, the form of the group and the *** with the crime can be summarized first, and then according to the main offender, accessory, or serious crimes, minor crimes in the order of the crime of each defendant. It is worth noting that only strive to use the exact words focused, detailed and appropriate to write the facts of the crime, in order to describe the facts of the crime clearly, the usual use of vague language, overly generalized language writing is not allowed. 2. Reason part of the reason is to explain why the court so ruled, is the case of the facts, circumstances and the results of the decision of the organic combination of media. Its core content is the characteristics of the case, the use of legal provisions and legislative principles and the principles and elements of criminal composition, analysis of the essence of the defendant's behavior, arguing that should be dealt with, so as to set out to punish the crime of specific measures to achieve the purpose of crime prevention. Explain the reasons must be based on the facts found by the court, the provisions of criminal law, criminal procedure law as a guideline, to the matter, to the law of reasoning, justified, and strive to rigorous structure, sophisticated language. Specifically, attention should be paid to the following aspects: (1) Clarify the reasons for the conviction and sentence in accordance with the provisions of the criminal law. Through the analysis of the defendant's motive, purpose of the crime performance, harmful consequences, to argue the nature of the defendant's crime, the degree of malignancy and the serious impact caused by the criminal law sub-articles of the criminal law as the basis for the characteristics of the crime, based on the violation of the direct object, to determine the crime. For example, in accordance with the provisions of the Criminal Law, robbery of public or private property by violence, coercion or other means constitutes the crime of robbery, and the crime can be established only if it conforms to such a nature. In addition, attention should also be paid to the elements of the crime should not be used as a reason for heavier punishment. Any criminal case, has its own characteristics, so the reasons must highlight the characteristics of the case, adhere to the nature of the case itself from the principle of writing reasons. For the commission of several crimes should be convicted of felonies first, and misdemeanors later; general *** with the crime and group crimes, should be determined by law, the principal offender, accessory, accessory to the crime. If the court determines that the crime is inconsistent with the crime determined by the public security and procuratorial authorities, it shall analyze and explain the situation. (2) The opinions of the prosecution and the defense shall be analyzed and explained. Prosecution and defense of both sides of the opinion, in the first instance criminal cases, one side is the people's procuratorate's accusation or the accusation of the private prosecutor, the other side is the defendant's defense and its defenders' defense. In writing the reason part, must be the main arguments and reasons held by both sides of the prosecution and defense to analyze, is correct, show to be adopted; wrong, to be refuted on the basis of reason. (3) the correct handling of the facts, reasons, the relationship between the judgment. Reasons for the verdict in the judgment plays a role in carrying on the role of the next, must be on the facts and circumstances have been found to be appropriate, and the results of the judgment is consistent with the next. In this way, the facts, reasons, judgment can be mutual illumination between the three, impeccable. Reasons and facts are consistent, that is, to elaborate reasons to comply with the "fact-based" principle, from the main facts and circumstances of the case to analyze and assess the essence of the defendant's crimes. The extent to which the behavior is egregious or minor is discussed. The defendant's culpability, performance and guilty attitude can be analyzed in terms of what conditions the defendant has for aggravation, aggravation, or mitigation or alleviation. For *** same crime or group cases, the severity of the crime shall be argued separately on the premise of separating the status, role and criminal responsibility of each defendant. The reasoning is consistent with the verdict, i.e., the conclusion that a certain penalty should be imposed after the defendant's behavior has been evaluated in accordance with the criminal law and the criminal procedure law. Outdated laws, regulations and policies, controversial legal theories, and old moral norms that are incompatible with the principles of socialist law cannot be used as arguments for the main thesis or refutation. When writing specifically, on the one hand, it is required to be reasonable and lawful, and on the other hand, it is necessary to be careful not to write only simple conclusions and determine the charges in a rigid manner. Any contradiction between the reason and the verdict result should be eliminated, for example, can not be guilty of the verdict of not guilty argument; can not be innocent of the verdict of guilty argument; can not be in the reason part of the nature of the crime is very bad and serious, but the verdict is very light, only sentenced to a short-term imprisonment, detention and other penalties; can not be in the reason part of the argument that the defendant constitutes the crime of A, while the verdict results in the punishment of the crime of B, such as in the reason part of the argument is that the defendant is guilty of robbery, but the final verdict results in a burglary, and so on. (4) correctly invoke the applicable specific legal provisions. Cite the legal provisions for the main text of the judgment to provide a legal basis, can accurately and comprehensively cite the legal provisions related to whether the correct conviction and sentence, directly related to the quality of the criminal judgment. Citing the law must be for the defendant's facts, nature and circumstances of the crime, specific citation and its appropriate provisions. Citation of legal provisions, first of all require accurate, to be appropriate for the results of the verdict; Secondly, specific requirements, should be cited to the criminal law provisions of the extension of the smallest provisions, there are articles, paragraphs, items, must be cited to the item; Thirdly, the requirements of the comprehensive, the citation of the provisions of the citation should be cited, can not be omitted; Fourthly, the requirements of the integrity of the provisions of the conviction of the invocation of the provisions of the sentence to do so that the conviction of the law can be relied upon, the sentence Fifth, it is required to be organized and sequential, that is, the first cited provisions relating to the conviction and determination of the sentencing range, followed by the citation of heavy, aggravated, light and mitigated provisions. The provisions relating to the main penalty shall be cited first, followed by those relating to additional penalties. If a person commits several crimes, the provisions of the law shall be cited crime by crime. General **** the same crime can focus on quoting the relevant legal provisions, if necessary, should be quoted person by person, crime by crime legal provisions. In the case of group crimes, legal provisions shall be cited on a person-by-person, crime-by-crime basis in conjunction with the sub-sentencing. Both to cite the substantive law and to cite the procedural law, generally should first cite the procedural law after the citation of the substantive law, but also note that the name of the cited legal provisions to be used in full, can not be abbreviated. 3. the results of the verdict The results of the verdict is in accordance with the specific provisions of the law, the defendant made guilty or not guilty, what crime, what penalty is applicable to the conclusion of the treatment, is the substantive part of the verdict, must be strictly scrutinized, to achieve the results of the verdict and the facts, reasons, laws and appropriate. Guilty verdict of first instance should be written in this way the verdict: first of all, what the defendant is guilty of, and then continue to write what sentence. Penalties include the main penalty and additional penalties. Charges must be written in strict accordance with the provisions of the law, can not write or indiscriminate determination. In the past, some judgments did not write the crime, but only wrote the penalty, such as "sentenced the defendant Li x x to two years' imprisonment". Li × × what crime, to the reason part to find; There are judgments appeared in the "sentenced to theft Wang × × six months of detention", did not use a special sentence to express the crime, is inappropriate; Some such as "the crime of killing cadres," and other irregularities in the expression of the crime should also be avoided. In the case of a number of persons, the order of guilt and responsibility or the severity of the penalty to be imposed shall be determined by citing the legal basis and convicting and sentencing the offenders one by one; in the case of multiple offenses, the offenders shall be convicted and sentenced separately and the penalty shall be determined in accordance with the provisions of chapter 4, section 4, of the Criminal Law; in the case of the stolen property of the offenders, the situation shall be clarified, and the offenders shall be sentenced to be recovered, ordered to pay compensation, or shall be confiscated. In the case of many and miscellaneous types of property, only the type and total amount shall be stated in the judgment, and a separate list shall be annexed to the judgment. Where an organ, organization, enterprise or institution constitutes a crime and is sentenced to financial penalties, the first thing to be written is what crime the defendant (unit) has committed, and the second thing to be written is the type and amount of the fine or confiscated property sentenced. Specific expressions such as: "First, the defendant x x x x guilty of x x x crime, sentenced to ...... (write the main sentence, additional sentence) Second, the defendant x x x x x x ...... (including the type and amount of property recovered, refunded or confiscated. Do not write this item if you do not have it)."
Tail
The tail is the end part of the judgment, and the following should be written in order: 1. The right of appeal and the court of appeal is stated in a separate line after the main text: "If you are not convinced of this judgment, you may appeal to the People's Court of xxxxx through the Court or directly to the Court of xxxxx within xxxxx days of the second day of the receipt of the judgment. ×××x x x People's Court. In the case of a written appeal, one original and x copies of the appeal shall be submitted." If the case is a private prosecution, the number of copies of the appeal shall be written in accordance with the number of opposing parties. 2. collegial composition of the signatures of the lower right at the end, by the presiding judge, the trial (acting judge) in turn, such as the Department of the trial alone by the trial or acting judge. For the President or the President of the President designated as the presiding judge, regardless of whether the original is a trial judge or an assistant trial judge, shall be signed in the name of the "Presiding Judge". Assistant judge to participate in a collegial trial, in accordance with the provisions of the Organic Law of the Court, its signature should be "Acting Judge". 3. the decision date of the verdict in the lower right of the signature of the verdict of the month and year, if the case is discussed by the Trial Committee, the Trial Committee should write the date of the decision, and stamped with the seal of the People's Court. 4. Signature of the clerk in the year under the name of the clerk, and in the year and month and the signature between the lower left side of the stamp "this piece of the original check with the original" of the bar, to show that the check.