Public prosecution opinions on intentional injury mainly include the following aspects:
First, a brief overview of the court investigation.
Second, analyze the evidence and determine that the defendant committed a crime.
Third, analyze the case, summarize the whole case, and expose the social harm of the defendant's crime. Fourth, analyze the ideological and social roots of the defendant's crime.
Fifth, carry out legal argumentation, point out the criminal law provisions violated by the defendant, and clarify the legal responsibilities that the defendant should bear.
The above five contents are not completely available in every public prosecution opinion. According to the characteristics and actual needs of the case, it is necessary to decide which content can be written and which content should be focused on. The public prosecution opinion has no definite form, and its content is divided into title and text. The text is divided into three parts: introduction, text and conclusion.
What are the constitutive requirements of intentional injury?
1, object element. The object of infringement is the health right of others.
2. objective factors. Commit an act of illegally damaging others' health.
3. Main elements. The subject of the crime of intentional injury is the general subject. Any natural person who reaches the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of intentional injury.
4. Subjective factors. When the perpetrator commits the crime of intentional injury, the subjective aspect is intentional.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 162 When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, and write a prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.
Procedures for handling criminal cases by public security organs
Article 64 The public security organ's opinions on approving arrest and prosecution must be faithful to the facts. Whoever intentionally conceals the truth shall be investigated for responsibility according to law.