Model civil indictment attached to criminal cases 1
Plaintiff: XXX (the husband of the victim XXX), male, Hui nationality, born in XXXXXX, a personal tourist, living in XXXXXX, Henan Province, with telephone number XXXXXXXX.
Defendant: XXX, female, born in XX, Hui nationality, living in XXXXXXX, self-employed.
Defendant: XXX, male, born in XXXXX, Han nationality, with the same address, self-employed.
Litigation request:
1. demand that the defendant be investigated for criminal responsibility according to law for intentional homicide;
Second, claim compensation for the plaintiff's losses * * * 3794438+06 yuan.
Facts and reasons:
On September 15, 2007, at about 7: 00 a.m., at the north gate of Suixian Bus Terminal in the west section of Suizhou Avenue in Suixian County, Henan Province, the defendants XXX and XXX left their bus stops at 1 1: 30, and illegally seized our bus stops at 7: 00 a.m. for no reason.
Because before this, the couple had been playing tricks on us for more than a week with the intention of letting our car run down, but in the process, they did not have a direct contradiction with my wife.
More than a week before the incident, the couple got one or two long-distance buses that were about to be scrapped from nowhere to squeeze our bus stop at 7: 00 in the morning, with the intention of stopping our car.
On the day of the incident, they sent the car down again. My wife XXX and her sister XXX wanted to negotiate with them, so they had an argument. In the process of arguing, XXX handed XXX a bag with two knives. XXX stabbed XXX and XXX with these two knives and ran away.
Less than ten times after his wife was sent to the hospital, she died because of ineffective rescue. After forensic identification, my wife was stabbed many times by others with sharp instruments, resulting in open chest and abdomen injuries (lung rupture, spleen rupture, stomach perforation, mesentery rupture, etc.). ) died of massive blood loss.
Although XXX has been brought to justice, he has never truthfully confessed his crimes and those of his accomplices.
Based on the above facts, the defendants XXX and XXX ignored the national laws and killed my wife with a sharp knife of about 28 cm in both hands in broad daylight, which was extremely cruel and premeditated. If the circumstances are bad and the harm is serious, his behavior has constituted the crime of intentional homicide and should be severely punished according to law.
According to the provisions of Article 77 of the Criminal Procedure Law of People's Republic of China (PRC), a civil lawsuit incidental to criminal proceedings is filed.
Require the defendants XXX and XXX to bear the following compensation liabilities according to law:
1. Funeral expenses: the average wage of workers in Henan Province in 2006 1698 1 yuan/year, 1698 1? 12? 6=8490.5 yuan;
2. Medical expenses: 7683 yuan, supported by 15 documents;
3. Death compensation: In 2006, the per capita disposable income of urban residents reached 98 10.26 yuan, and the calculation period was 20 years: 98 10.26 yuan? 20= 196205.2 yuan;
4. Living expenses of the dependents:
XXX's daughter XX,1was born on May 9, 1995. When XXX died, she was 12 years old and should be raised to 18 years old for 6 years. The living expenses that XXX should bear are 6685. 18? 6? 2=20055.54 yuan;
XXX's son XX, 1997, was born on March 23rd. When XXX died, he was 10 years old and raised for 8 years. The living expenses borne by XXX are 6685. 18? 8? 2 = 26,740.72 yuan;
XXX's mother-in-law, XXX, was born on May 20th, 1944. She is 63 years old, has no other financial resources, is frail and sickly, and lives with the XXX couple 15 years. The living expenses that XXX should bear are: 6685.438+08? 15? 2=44 138.8 yuan; The living expenses that XXX should bear are: 6685.438+08? 15? 2=44 138.8 yuan;
XXX's father, XXX, was born on March 27th, 1945, aged 62, and had no other source of income; Should support 15 years, XXX should bear the living expenses: 6685+08? 15? 3 = 33,426 yuan;
XXX's mother, XXX, 65438+65438 in 0948+ was born in 16 10 month, aged 59, and had no other financial resources. She should be supported 16 years, and the living expenses that XXX should bear are 6685.438+08? 16? 3 = 35,654.4 yuan.
The total amount is ***372394. 16 yuan, please ask Shangqiu Intermediate People's Court to make a judgment according to law!
I am here to convey
Shangqiu intermediate people's court
Plaintiff: XXX
Authorized Agent: Jiao.
Xx，xx，XX，XX
Problems needing attention in writing criminal incidental civil indictment II
(A) writing overview
Article 77 of the Criminal Procedure Law stipulates that if the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil action in the course of criminal proceedings.
How to file an incidental civil action? The interpretation of the court's enforcement of the Criminal Procedure Law holds that the people's court has the obligation to inform: after accepting a criminal case, the people's court should inform the victims who have suffered material losses (citizens, legal persons and other organizations), the close relatives of the deceased victims, and the legal representatives of the victims who have no or limited capacity to act, and have the right to bring an incidental civil action (Article 84, paragraph 1 of the Interpretation of the Court's Enforcement of the Criminal Procedure Law).
This is a principled provision made by the law to protect the legitimate property rights of victims.
On the issue of filing an incidental civil action, we should pay attention to the following points:
(1) The prosecution must meet the conditions for prosecution.
There are four conditions for bringing an incidental civil action, namely: the plaintiff is the party who has the right to bring an incidental civil action; There are clear defendants (all or part of the criminal defendants are defendants in incidental civil proceedings), and there are specific requirements and factual basis for claiming compensation; The victim's loss is caused by the defendant's criminal behavior; It belongs to the scope of the people's court accepting incidental civil actions and the jurisdiction of the sued people's court (Article 89 of the Interpretation of the Criminal Procedure Law on Court Enforcement).