Format of civil complaint attached to criminal case 1
Private prosecutor: _ _ _ _
Defendant: _ _ _ _
Cause of action: _ _ _ _
Litigation request:
1, pursue criminal responsibility
2. claim civil compensation
Facts and reasons:
Evidence and sources of evidence, names and residences of witnesses:
I am here to convey
_ _ _ _ _ _ People's Court
Private prosecutor:
Book representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: A copy of this complaint.
Criminal incidental civil public prosecution case II
Plaintiff Li Moumou, male, born in May of 19xx 10, Han nationality, is a villager of the sixth residential group in XXX village, XXX town, XXX county.
Defendant Liu Moumou, male, born on 19xx, Han nationality, the sixth resident group of XXX village, XXX town, XXX county, and a villager.
Defendant Ma Moumou, male, with unknown date of birth, is 36 years old, Han nationality, and a villager in a county, a town and a village.
Claims
1. Request that the defendants Liu Moumou and Ma Moumou be investigated for criminal responsibility for intentional injury according to law and be severely punished.
2. I request that the defendants Liu Moumou and Ma Moumou be ordered to compensate me for medical expenses 1 1287.20 yuan, lost time expenses of 47,700 yuan, nursing expenses of 6,450 yuan, food subsidies of 3,420 yuan, nutrition expenses of 2,000 yuan, transportation expenses of 300 yuan, forensic appraisal fees of 260 yuan and disability subsidies (to be determined after disability appraisal), totaling 76 *.
Facts and reasons
20xx On March 25th 19, my door stumbled, and the defendants Liu Moumou and Ma Moumou drove over. I didn't guard against them getting off the bus suddenly. The defendant Ma Moumou hugged me, and the defendant Liu Moumou hit me on the head many times with iron. Ma Moumou hit me in the jaw several times with a cement block, knocked me unconscious and ran away.
Later, my wife found out that I was sent to a county people's hospital for emergency treatment. I was diagnosed with closed craniocerebral injury, concussion, skull fracture, scalp hematoma, head and face skin laceration, mandibular fracture and loose teeth.
The forensic doctor identified it as a minor injury.
After being hospitalized in a county people's hospital for 99 days, the medical expenses have been spent 1 1287.20 yuan. During my stay in hospital, two of my relatives will stay with me in the hospital for 30 days, and then one relative will take care of me.
After leaving the hospital, I stayed at home for 60 days. After the treatment, my head is still groggy, my memory is declining and my teeth are loose.
Because the defendants Liu Moumou and Ma Moumou intentionally injured the crime, I was injured and hospitalized, which cost me huge medical expenses and caused me great mental pain and great economic losses.
I run magnesium slag processing business, and I was injured and hospitalized, which led to the suspension of production and heavy losses.
Based on the above facts, the defendants Liu Moumou and Ma Moumou ignored the national laws, were bold, attacked and hurt others in broad daylight for no reason, and deliberately hurt my health. If the circumstances are bad and the harm is serious, his behavior has constituted the crime of intentional injury and should be severely punished according to law.
Because the defendants Liu Moumou and Ma Moumou intentionally injured the economic losses caused to me, they should be liable for compensation according to law.
To this end, bring a lawsuit, request a fair judgment according to law, and safeguard the plaintiff's claim and legitimate rights and interests.
Zhezhi
A county people's court
plaintiff
20XX August 14
The significance of criminal incidental civil prosecution 3 pages
First of all, the criminal incidental civil complaint is the basis for the people's court to examine and decide whether to accept the lawsuit.
Article 92 of the above explanation stipulates that after receiving the attached civil complaint, the people's court shall conduct an examination and decide whether to file a case within 7 days.
To meet the requirements, decided to accept; If it does not meet the requirements, it shall be ruled to dismiss the prosecution.
Secondly, the criminal incidental civil indictment is also an indispensable legal document for the people's court to carry out a series of litigation activities.
As stipulated in Article 93 of the above explanation, after accepting an incidental civil action, the people's court shall serve a copy of the incidental civil complaint on the defendant in the incidental civil action within 5 days, or notify the defendant in the incidental civil action in time and make a record.
If the defendant is a minor, he shall serve a copy of the attached civil complaint on his legal representative or inform his legal representative of the contents of the oral prosecution.
Furthermore, the criminal incidental civil indictment is the basis for the people's court to hear and make a judgment.
The people's court is only responsible for hearing and judging the contents recorded in the criminal incidental civil indictment and the claims made according to the principle of non-prosecution and disregard.
Key points of writing criminal incidental civil indictment 4
Civil action incidental to criminal proceedings is essentially a kind of civil action.
The difference between the two is only the fact and reason of causing material losses, that is to say, the former is caused by criminal acts, while the latter is generally caused by civil disputes.
Both of them have similarities and differences in the content of document production.
According to Article 164 of the Code for Lawyers Handling Criminal Cases, after accepting the entrustment, a lawyer shall write an incidental civil complaint on behalf of the client, which basically includes:
(1) Natural conditions of plaintiff and defendant in incidental civil action.
Including the names, gender, age, nationality, native place, occupation or work unit, position and address of the plaintiff and the defendant.
If it is a unit or a legal person, the name, legal representative and address of the unit shall be stated.
A lawyer shall specify his name and the name of the law firm.
(2) Specific claims.
Mainly combined with the scope and size of material losses caused by criminal acts, specific litigation requirements are put forward.
When writing a lawsuit request, it should be clear, well-founded and not arbitrary.
(3) Basic facts and reasons.
In this part, the author should explain in detail the causes of material losses, that is, the causal relationship between detailed criminal acts and their infringement process and the consequences of material losses.
Key facts and plots should not be stingy with words or simply omitted.
This part is the core of criminal incidental civil action.
(4) the name and time of submission to the people's court.
(5) Relevant evidential materials.
This is also the place that should be redrawn when filing a criminal incidental civil complaint.
Because the criminal incidental civil action is essentially the transplantation of civil action in criminal proceedings, the plaintiff has sufficient burden of proof.
This burden of proof is manifested in the presentation of relevant evidence in the indictment, including the name and source of the evidence, the name and address of the witness.
(6) appendix.
Mainly to explain the number of copies of the complaint.