There must be two conditions for filing a case, that is, there are criminal facts and criminal responsibility needs to be investigated.
1, the fact that there is a crime refers to the objective existence of some criminal behavior that harms society. This is the first condition for filing a case.
2. The need to investigate criminal responsibility means that the perpetrator should be investigated for criminal responsibility according to law. Only the criminal facts that need to be investigated for criminal responsibility according to law, when the criminal facts happen and need to be investigated for criminal responsibility according to law, are necessary and should be put on file.
Extended data:
Precautions:
Prosecutors should provide:
1, original indictment 1, and provide corresponding copies according to the number of defendants. If the plaintiff is a legal person or other organization, the complaint shall be stamped with the official seal; If the plaintiff is a natural person, he/she shall sign or print the complaint. The original and copy of the indictment shall not be written in ballpoint pen, nor shall the copy be used.
2. A copy of materials proving the qualification of the original defendant. If the prosecution is entrusted, the information of the entrusted agency shall be provided together.
3. Evidence materials related to the claim. At the time of prosecution, the plaintiff shall submit copies of the corresponding evidence materials according to the number of copies of the complaint.
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