(1) has accurate ideographic meaning and single explanation; ② The text is concise and to the point; ③ Simple and solemn style; (4
(1) has accurate ideographic meaning and single explanation; ② The text is concise and to the point; ③ Simple and solemn style; (4) the language is standardized and the sentences are regular; (5) praise and blame are just right, and love and hate are clear; 6 language taboos, try to avoid. In the language application of legal document writing, the most common language taboos are: dialect, rogue slang and swearing.
What is the prosecution opinion? What is the function of prosecution opinion?
It refers to the document made by the public security organ when it believes that the suspect is suspected of committing a crime and should be investigated for criminal responsibility and transferred to the people's procuratorate at the same level for examination after the investigation of the case is completed.
Function: It is a summary of case investigation activities, reflecting the quality of criminal cases handled by public security organs, and it is also the basic material for procuratorial and judicial work.
What are the requirements for the prosecution opinion to describe the facts of the crime?
First, we should comprehensively and accurately reflect the criminal facts of criminal suspects.
Second, distinguish between crime and non-crime.
Third, in criminal cases, it is necessary to distinguish the position, role and responsibility of each criminal suspect in the case.
Fourth, when describing criminal facts, we should cite certain evidence to prove it.
What are the two main aspects of the prosecution opinion?
Including the facts of the crime and the reasons and legal basis for the prosecution opinions.
What problems should be paid attention to when making prosecution opinions?
1. objectively reflect the case. *** 1*** should be based on facts. * * * 2 * * Materials that have not been examined and verified cannot be used for prosecution opinions. * * * 3 * * When quoting the confession of a criminal suspect and the testimony of a witness, we should not take it out of context, generalize it and keep the original intention. * * * 4 * * The description of the criminal facts of the criminal suspect should be clear and specific, but it is too abstract, general and conceptual.
2. Accurately identify the facts of the crime.
3. Correctly distinguish the boundaries between crime and non-crime.
What are the ways to describe criminal facts?
There are the following four types: * * 1 * * * narrative in chronological order, that is, narrative in chronological order of the criminal suspect's crime; ***2*** According to the nature of the crime, that is, according to the seriousness of the criminal suspect's crime; ***3*** Narration based on comprehensive induction; Combination of ***4*** methods.
What are the investigation documents of public security organs?
Reconnaissance documents of public security organs refer to legal documents of public security organs. It is a legally binding or significant document made or recognized by public security organs, including state security organs, in criminal proceedings. It is a legal document.
What types of investigation documents are there?
Divided into: 1. Filing and solving cases; 2. Lawyer intervention; 3. Compulsory measures; 4. Interrogate the criminal suspect; 5. Investigation and evidence collection * * * includes search and seizure * * *; 6. Extend the detention period; 7. Investigation conclusion category; 8. Supplementary investigation and reconsideration review.
What is a criminal filing report?
It refers to the documents produced by the investigators of public security organs after reviewing the materials of reporting, accusing, reporting and surrendering, and deciding to file a case that meets the conditions for filing, and reporting it to the leaders for examination and approval to decide whether to file a case for investigation.
What does the text of the criminal filing report include?
1. Acceptance of cases; 2. Basis for filing a case; 3. Reasons for filing the case; 4. Reconnaissance plan.
What is the concept and function of procuratorial documents?
1. Concept: It is a legal document with legal effect and legal significance formulated by people's procuratorates at all levels to realize the functions of people's procuratorates.
2. Function: Legal documents of people's procuratorates are important written documents for people's procuratorates at all levels to exercise procuratorial power, important tools to ensure the implementation of laws, objective records of handling cases, important reflections on the quality of handling cases, important basis for summing up experience and reviewing cases, and important materials for legal publicity. Making legal documents of people's procuratorates accurately is of great significance for protecting people, attacking enemies, punishing crimes and maintaining legal order according to law.
Classification, production and basic requirements of legal documents of people's procuratorates?
1. Classification: * * 1 * * According to the different nature of litigation, it is divided into two parts: procuratorial documents used in criminal cases and procuratorial documents used in civil and administrative cases. * * * 2 * * According to the difference between external use and internal use of documents, legal documents in criminal cases are divided into litigation documents and working documents. * * * 3 * * According to the different stages, nature and functions of litigation, documents can be divided into: filing documents, investigation documents, compulsory measures such as reviewing and arresting, reviewing and prosecuting in court, protesting and recalling, procuratorial supervision and legal supervision documents, complaint and accusation documents, prosecution and criminal compensation documents, approval documents for extending the time limit for handling cases, defense agency documents and other documents. * * * 4 * * According to the division of labor of the business departments of people's procuratorates and the different sources of cases, it can be divided into criminal procuratorial documents, which directly accept and investigate * * * anti-corruption and bribery and discipline procuratorial documents, procuratorial supervision documents and complaint procuratorial documents * * * including criminal compensation documents and civil and administrative procuratorial documents. * * * 5 * * According to the different forms of making documents, it can be divided into four categories: narrative documents * * * such as indictment * * *, fill-in-the-blank documents * * * such as approval of arrest decision * * *, written documents * * such as discussion record * * * and form documents * * such as acknowledgement * * *.
2. Production: The people's procuratorate must be strict and meticulous in producing various legal documents, and there must be no mistakes, otherwise it will bring adverse effects to the prestige of the procuratorial organs and the state.
3. Basic requirements: * * 1 * * * accurate specification. ***2*** Act in strict accordance with the law. ***3*** is completely justified. ***4*** Handle cases in a timely manner.
What is the concept and function of indictment?
1. Concept: refers to the document that the people's procuratorate confirms that the defendant's behavior constitutes a crime after investigation or examination, and should be brought to trial according to law and bring a public prosecution to the people's court.
2. Function: For the investigation organ, the indictment is a certificate to confirm the end of the investigation, the facts and circumstances of the crime are clear, the evidence is true and sufficient, and the investigation activities are legal; For the procuratorial organ, the indictment is not only a file to investigate the criminal responsibility of the defendant on behalf of the state, but also the basis for appearing in court to support the public prosecution, express public prosecution opinions and participate in court investigations and debates; For the judiciary, the indictment triggers criminal trial activities in the procedure of first instance, which is not only the evidence for the people's court to hear the public prosecution case, but also the basic content of the trial; For the defendant and his defender, the indictment is not only a notice to inform the defendant that he has been delivered to trial, but also a legal file to publicly accuse him of criminal acts.
What problems should be paid attention to when making an indictment to describe the facts of the case?
When describing the facts of the case, the indictment should pay attention to the following issues: ** 1*** The facts should be objective and accurate. The criminal facts described in the indictment must be the same as the criminal facts themselves. ***2*** The facts must be complete. Factual elements mainly include time, place, process, means, purpose, motivation, plot, harmful consequences and so on. ***3*** The facts must be clear. The order of facts of various criminal acts is not the same. Generally speaking, there are "priority over order", "objective process order" and "defendant order". ***4*** Narrating facts should correctly handle special problems. First, pay attention to the Conservative Party and state secrets; Second, don't write indecent plots; Third, those who have surrendered themselves and rendered meritorious service should also be stated together after describing the facts of the crime; Fourth, when the name of the defendant who is not involved in this case is involved, it should be properly handled according to the specific circumstances. Five is * * * accomplice, one or more * * * criminals at large, when writing the name of the fugitive, you can use brackets to indicate "handled separately" after the name.
What problems should be paid attention to when making an indictment to explain the reasons?
To explain the reasons for prosecution, we should mainly pay attention to the following issues: ** 1*** accurately summarize the essential attributes of criminal acts. ***2*** Accurately quote the law. ***3*** The tendentious opinion of accurately explaining conviction and punishment. ***4*** Accurately state the prosecution decision.
What is a protest? What are its types and functions?
1. the concept of protest: protest refers to the document made by the people's procuratorate when it protests against the criminal, civil and administrative judgments or regulations made by the people's court that are indeed wrong.
2. Category: criminal, civil and administrative protests.
3. It is an important tool for the procuratorial organs to exercise their power of trial supervision, and plays a very important role in correcting the wrong judgments and rulings of the people's courts and ensuring the correct implementation of the law.
What is a criminal protest? What kinds are there?
1. the concept of protest: protest refers to the document made by the people's procuratorate when protesting against the criminal judgment or ruling made by the people's court that is indeed wrong.
2. Type: