Prosecuting opinion is a legal document made by the public security organ at the end of the investigation when it considers that the criminal suspect's behavior has constituted a crime, the criminal facts are clear and the evidence is true and sufficient, and criminal responsibility should be investigated according to law and transferred to the people's procuratorate at the same level for examination and prosecution.
First, the format, content and writing method of the prosecution opinion.
The structure of the prosecution opinion consists of the following three parts:
(1) Header
Write down the following in turn:
1. Title
In the middle of the top of the document, it consists of "organization name+language" and is divided into two lines.
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The lower right of the title consists of the power of attorney of the public security organ, the abbreviation of the procedural document, the year and the serial number of the case. Such as: "X Guo Yan Zi [Year]No. X".
3. The basic information of the criminal suspect and his illegal and criminal experience.
Name, gender, date of birth, nationality, place of origin, education level, work unit, occupation and address of the criminal suspect. And whether he has been criminally punished, whether he has been reeducated through labor, when and why; Whether or not to detain, if detained, the time of detention and arrest and the place of detention shall be stated separately. * * * When several criminal suspects in the same criminal case should be investigated for criminal responsibility, the criminal suspects' illegal and criminal experiences should be described separately and arranged in the order of principal, principal, accessory and accessory. If a unit commits a crime, it shall specify the name and address of the unit, the name, gender and position of the legal representative.
4. Interlanguage
After the above content is written, in order to introduce the following, a new line is written with a fixed period as follows: "After the investigation by our bureau, it is confirmed that the criminal suspect XXX has the following criminal facts."
(2) Text
This part of the content is the focus of the writing of the prosecution opinion, and it is necessary to write clearly the facts of the crime and the reasons and legal basis for the prosecution opinion.
1. Criminal facts
The narrative of the criminal facts of the criminal suspect shall list all the criminal processes that have been identified, including the time, place, motivation, purpose, methods and means, criminal behavior, results, evidence that needs to be proved, etc. Its content must be the facts within the scope of this prosecution, draw a clear line between crime and non-crime, and do not mix non-crime materials. If it is a * * * joint crime, the nature, purpose, time, place and number of members of the * * joint crime, as well as the respective positions, functions and specific legal responsibilities of each criminal suspect in the case should be stated. In a word, neither the suspects nor the criminal facts can be omitted, and we can't sell ourselves short. The expression of the main criminal evidence to confirm the criminal facts requires the statement of basic or main evidence. Citation should be concrete, accurate, objective and true, which should not only be closely related to the case, but also reflect the continuity of evidence. Generally, the criminal facts are written first, and then the evidence is listed. Evidence can also be embedded in facts to enhance the reliability of facts.
2. Reasons and legal basis for bringing a lawsuit
The writing of this part should indicate the criminal nature of the suspect according to the criminal facts and the corresponding legal provisions, that is, it violates the specific provisions of the Criminal Law of People's Republic of China (PRC), and at the same time, it should indicate that the case is transferred for review and prosecution according to the provisions of Article 129 of the Criminal Procedure Law of People's Republic of China (PRC). If several suspects in a joint crime case are prosecuted, they may jointly write a prosecution opinion and put forward their prosecution opinions respectively.
(3) Tail
First, state the name of the recipient. Then it is issued by the public security bureau chief at or above the county level, and the position, name and seal are arranged at the end of the document. The date of issuance of the document shall be signed by the director and stamped with the official seal of the Public Security Bureau.
Finally, write the attached items in the lower left corner. If the suspect is currently in custody; The number of pages, evidence, name, quantity and storage place of the stolen goods in the pre-trial file of this case; The name, occupation and address of the witness; Name, position, unit and address of the appraiser.
Third, matters needing attention
The account of the facts of the crime must be absolutely consistent with the truth of the case. What is written in the prosecution opinion must be the criminal facts confirmed by investigation, and the facts confirmed by oral confession without circumstantial evidence, or the fact that the existence of the act cannot be reasonably inferred by indirect evidence, cannot be written in. In addition, the facts should be clear and clear, and the seven elements should be complete. The materials used should be detailed, appropriate and focused.
Strictly distinguish between crime and non-crime, and the criminal facts written must be the facts that violate the Criminal Law of People's Republic of China (PRC) and should be investigated for criminal responsibility. Moral, quality, thinking, style and other issues and general violations of discipline should not be written in. The crimes in the defendant's history that have been punished are no longer included, but can be appropriately mentioned in the "main resume".
The reasons for prosecution should be well-founded and the legal provisions should be accurate.
The expression of prosecution opinions is a combination of various expressions. When introducing the basic situation of criminal suspects, the descriptive language should be clean, concise and neat; The narrative language used to introduce the case and explain the facts of the crime should be objective, comprehensive, distinctive, detailed and clear; When handling opinions, we should use argumentative language, which is well-founded and irrefutable.
Prosecuting opinions are in triplicate, two of which are transferred to the people's procuratorate at the same level for examination together with the investigation volume and evidence materials, and the other is deposited in the investigation work volume (auxiliary volume).
legal ground
Article 162 of the Criminal Procedure Law of People's Republic of China (PRC) * * * The public security organ shall ensure that the facts of the crime are clear, the evidence is true and sufficient, write a prosecution opinion, and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence.