A criminal indictment consists of a head, a request, facts and reasons and a tail.
(1) Header
1. Write the file name "Criminal Complaint" in the middle of the upper part of the file.
2. Basic information of the complainant. If the complainant is a natural person, his name, gender, date of birth, nationality, birthplace, education level, occupation or work unit, position and address, etc. ; If the complainant is a legal person or other organization, it shall specify the name and address, the name and position of the legal representative or representative. If the legal representative or a close relative appeals on his behalf, the complainant shall still be listed as a party, and another paragraph shall be listed to explain the basic situation of the complainant and indicate the relationship with the complainant.
3. The reason for the complaint. Fill in the corresponding contents in the prescribed format.
(2) The requested project
In other words, the purpose of the complainant's complaint should be clearly and specifically written. For example, if the complainant appeals to the people's court at a higher level of the people's court that originally tried the case, hoping that the people's court at a higher level will try it, and does not want to instruct the people's court that originally tried the case to retry it, the request should be written as: "Please try it according to law and make a fair and legal judgment." If the complainant thinks he is innocent, he appeals to the people's court that originally tried the case, and the request is written as: "Please retry according to law and declare the complainant innocent." (three) the facts and reasons include the facts of the case and the reasons for the complaint. The four situations stipulated in Article 204 of the Criminal Procedure Law are the legal reasons for retrial by the people's court, so it must be made around these four aspects. Firstly, it summarizes the main contents of legally effective judgments and rulings, namely, the facts and evidence identified by the original referee, the reasons and legal basis of the referee and the result of the referee. Secondly, according to the relevant provisions of the Criminal Procedure Law on retrial of appeal cases, the main problems and mistakes in the original judgment are analyzed and demonstrated, and the reasons for appeal are clarified to realize the request.
(4) Tail
Indicate the name of the institution that served the complaint, that is, the branch should indicate "Hereby", "xxx People's Court" or "XXX People's Procuratorate". The attachment reads "Attachment: X copies of criminal judgment (or ruling) in the original trial". Finally, the complainant shall sign it, indicating the year, month and day.
Legal basis: Article 252 of the Criminal Procedure Law of People's Republic of China (PRC), the parties and their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling.