Basic introduction Chinese name: Indictment mbth: Indications Category: Legal document Nickname: Indictment Topic: Basic meaning of criminal facts and evidence, prosecution conditions, prosecution conditions, writing method, basic writing method, attention Question, production format, production format, explanation, basic meaning. An indictment is also a legal document. When writing, the characteristics of crimes stipulated by law should be written for cases of different natures; the time, place, means, purpose, process, consequences and other elements of the crime must be included Write clearly. Oppression pays attention to the consistency of facts and time, and pays attention to protecting the reputation of the victim. The narration of criminal facts must be based on the characteristics of the case, with appropriate details and clear priorities. The "annex" to the indictment is filled out based on the facts of the case, including the defendant's custody location, number of files, evidence of stolen goods, etc. Indictments are drafted and printed in multiple copies on a case-by-case basis. One copy is sent to the People's Court; one copy is served to each defendant through the court, and one copy is served to each defender; it is attached to the procuratorial file and attached to the procuratorate file. Conditions for Public Prosecution: If the People's Procuratorate, after review, believes that the criminal suspect's criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated in accordance with the law, it shall file a public prosecution with the People's Court in accordance with the provisions of trial jurisdiction. Among them, the facts of the crime have been ascertained and the evidence is reliable and sufficient, which mainly refers to: (1) the facts of conviction and sentencing are proved by evidence; (2) the final evidence is verified to be true through legal procedures; (3) the relationship between evidence and evidence, and the relationship between evidence and There is no contradiction between the facts of the case, or the contradiction can be reasonably eliminated; (4) In the same criminal case, the status and role of the defendant have been ascertained; (5) The process of determining the facts of the case based on the evidence conforms to logic and empirical rules, and The conclusion drawn from the evidence is the only conclusion. Conditions for prosecution Citizens can file criminal private prosecutions in the People's Court in accordance with the law for the following three types of cases: 1. Cases that are handled only after being informed; 2. The victim has evidence to prove minor criminal cases; 3. The victim has evidence to prove that the defendant violated his person or property Any act of rights shall be investigated for criminal liability in accordance with the law, but the public security organ or the People's Procuratorate will not investigate the defendant's criminal liability. When citizens, legal persons or other organizations believe that specific administrative actions of administrative agencies infringe upon their legitimate rights and interests, they file a lawsuit with the People's Court in accordance with the provisions of the Administrative Litigation Law, which is called administrative litigation. The scope of administrative litigation is as follows: 1. Those who believe that specific administrative actions (including omissions) infringe their personal rights and property rights: 1; Those who refuse to accept administrative penalties such as detention, fines, revocation of permits and licenses, orders to suspend production and business, confiscation of property, etc. ; 2. Unsatisfied with administrative compulsory measures such as restricting personal freedom or sealing, detaining, freezing property, etc.; 3. Believing that the administrative agency has violated the enterprise's autonomy stipulated in the law; 4. Believing that the legal conditions are met and applying for administrative agencies to issue permits and licenses. The agency refuses to issue the pension or fails to respond; 5. Apply to the administrative agency to perform its statutory duties of protecting personal rights and property rights, but the administrative agency refuses to perform or refuses to reply; 6. It is determined that the administrative agency has not issued pensions in accordance with the law; 7. The administrative agency believes that the administrative agency has not issued pensions in accordance with the law; It is illegal to require them to perform their obligations; 8. It is believed that administrative agencies have infringed on the personal rights and property rights of others. 2. Other cases that may be filed in the people's court in accordance with laws and regulations, but are state actions such as national defense, diplomacy, etc.; administrative regulations, rules or generally binding decisions and orders formulated and issued by administrative agencies; administrative agencies against administrative agencies Decisions on rewards, punishments, appointments and removals of staff; no administrative lawsuits may be filed against specific administrative actions ultimately taken by administrative agencies in accordance with the law. The method of writing a complaint is commonly known as "pleading". It is the most frequently used language in judicial documents. If someone else infringes upon their legitimate rights and interests, they should file a lawsuit in accordance with the law. If they want to "complain", they must write a complaint. Indictments include criminal private prosecutions, civil indictments and administrative indictments. The basic way of writing a complaint is mainly divided into three parts: head, body and tail, plus additional items.
1. Header. Including title, identity of parties (including agents and representatives), cause of action, etc. The title should indicate the nature of the case and the name of the document, such as "Criminal Complaint," "Civil Complaint," or "Administrative Complaint." The parties include the plaintiff and the defendant. When writing, the name, gender, age, ethnicity, place of origin, occupation, work unit, and residential address should be written in the order of the plaintiff first and then the defendant. If it is an agency, group, enterprise, or institution, the full name, location, and name and position of the legal representative should be stated. The cause of the case should indicate the name of the case, such as divorce, inheritance, damages, etc. Indictment 2, text. Include request, facts and reasons. The litigation request should state the specific matters for requesting the court to resolve civil, criminal or administrative rights and interests disputes, such as requesting divorce from the defendant, compensation for losses, performance of contracts, etc. The facts and reasons must first state the facts of the infringement or crime and the specific content of the dispute between the two parties, and clearly state the time, place, personnel, means, circumstances, consequences and harm, respective responsibilities, and substantive differences. Then, explain why based on facts and evidence. The specific writing method can be divided into two parts: write the facts first, and then write the reasons. It can also be divided into two parts, depending on the situation. 3. Tail. Write a separate line at the bottom of the text to indicate the delivery agency, then sign or stamp the bottom right corner and indicate the specific year, month, and day. If it is a lawyer or other person, please indicate the author's name and workplace. 4. The attachment should indicate the number of copies of the indictment, the type, name and quantity of evidence, and the names and addresses of witnesses. Note: First, writing a complaint must meet the conditions stipulated by law. If criminal complaints only apply to criminal private prosecution cases, the People's Procuratorate shall prepare an indictment when filing a public prosecution. Second, the content of the complaint must be based on facts and the law, and reflect a well-founded spirit. Third, the litigation request should be written clearly, specifically, thoroughly and concisely. The format of the indictment consists of seven parts: the first part, the basic information of the defendant (defendant unit), the cause of the case and the review process of the case, the facts and evidence of the case, the basis and reasons for the prosecution, and the tail. The first part of the indictment consists of the name and document number of the People's Procuratorate. Except for the Supreme People's Procuratorate, the names of local People's Procuratorates should be marked with the name of the province (autonomous region, municipality directly under the Central Government); when prosecuting foreign-related cases, the names of the People's Procuratorates at all levels should be marked with the words "People's Republic of China". The document number consists of the abbreviation of the People's Procuratorate that issued the indictment, the nature of the case, the year of prosecution and the case serial number. The tail of the indictment consists of two parts: first, the legal position and name of the prosecutor who specifically handled the case; second, the date of the indictment is the date of issuance. The main contents of the indictment include: (1) Basic information about the defendant, including the defendant’s physical information, whether he has been criminally punished, and the compulsory measures taken; (2) Cause and source of the case, including return for supplementary investigation and extension of the period for review and prosecution; ( 3) The facts of the case, including time, place, process, means, motivation, purpose, harmful consequences and other factual elements related to conviction and sentencing; (4) The basis and reason for prosecution, including the criminal law provisions violated by the defendant and the nature of the crime , the legal conditions for lenient, reduced or aggravated punishment, and the culpability that the defendant should bear for committing a crime. It is necessary to make a general statement based on the constituent elements of the crime, highlight the characteristics of the crime, and use concise and accurate language; the application of legal provisions should be accurate, complete, and specific, and the clauses, paragraphs, and items should be clearly stated. The factual portion of the case is the focus of the indictment. The criminal facts charged in the indictment must be listed one by one, whether one person is guilty of one crime and multiple persons are guilty of one crime, or whether one person is guilty of multiple crimes and multiple persons are guilty of multiple crimes. The facts of the case should be stated in a reasonable order. Generally speaking, it can be in chronological order: if one person commits multiple crimes, they should be described in the order of severity of each crime, with felonies at the front and minor crimes at the back; if more than one person commits a crime, they should be described in order of principal, accomplice, or Felonies and misdemeanors are described in order, highlighting the principal offender and the felony. When describing the facts of the case, you can use corresponding expressions according to the different circumstances of the case facts. For those facts that are supported by evidence, especially those that constitute elements of a crime or are relevant to conviction and sentencing, they must be stated in detail, with a clear hierarchy and focused focus; for facts that are not supported by evidence or have insufficient evidence and have nothing to do with conviction and sentencing, avoid writing Indictment or strategic simplification; for many cases with the same criminal means and the same harmful consequences, you can first summarize the same situation, and then list the specific time and result of each fact one by one.
Format "××Year×Month×Day×Month×Day×Month×Day×Month×Day×Month×Day×Month×Day×Month×Day×Month×Day×Month×Day×Month×Day×Month×Day× month × day × day × month × day × month × day × day × month × day × day × month × day × month × day × day × month × day × day × month × day × month × day × day × month × Day × day × month × day × day × month × day Part 3: Criminal facts and evidence. Part 4: Reasons and legal basis for prosecution. The Indictment of the Chief Prosecutor of the People's Court is a printed document. In addition to the first and last parts, there are three main parts, among which "criminal facts and evidence" are generally the main body of the indictment. For cases of different natures, the characteristics of the crime stipulated by law should be written down; the facts of the crime must be written clearly in terms of time, place, means, purpose (motive), process, consequences, etc. Pay attention to the consistency of facts and time, and protect the reputation of the victim. The narration of criminal facts must be based on the characteristics of the case, with appropriate details and clear priorities. The "annex" to the indictment should be filled in based on the circumstances of the case, including the defendant's custody location, number of files, evidence of stolen goods, etc. Indictments are drafted and printed in multiple copies on a case-by-case basis. One copy is sent to the People's Court, and one copy is sent to the public security organ; one copy is sent to each defendant through the court, and one copy is sent to each defender; it is attached to the procuratorial file and attached to the procuratorate file.