Write in two lines: write "×××××× People's Court" in the middle of the upper part of the document. When sentencing foreign-related cases, the courts at all levels should be crowned with the name of China, and the font is larger than the text; Write "criminal judgment" in the middle of the next line of the name of the court, and the font should be twice as big as the text, so as to stand out.
It is worth noting that there is no trial level before the genre name, and no words such as "guilty" are added to indicate the nature of the document.
4. Number
Write the document number in the lower right corner of the title. Such as: "[year] × criminal Chu Zinuo. ×".
13. Information of public prosecution organs and participants in litigation.
In a case of public prosecution, first write the name of the public prosecution organ, that is, the procuratorial organ. Such as: "Public Prosecution Organ ××× People's Procuratorate". Can't write "chief procurator (or member) of the people's procuratorate".
In a case of private prosecution, the private prosecutor should rank first. Write down the identity of the private prosecutor, including name, gender, date of birth, nationality, native place, education level, occupation or position, unit and address. If there are several private prosecutors, they shall be listed in turn.
The identity of the defendant. Write the identity of the defendant after writing the public prosecution agency or private prosecutor. Including name (previous name, alias, alias), gender, date of birth, nationality, native place, position or occupation, unit and address; If the defendant has received criminal punishment or reeducation through labor, or escaped during the above-mentioned restriction of freedom, which may constitute a recidivist or has a statutory heavier or aggravated circumstance, the reasons and time shall be stated; If coercive measures are taken in this case, the time of detention and arrest should be stated. If the defendant has been taken into custody for examination because of this case, and his personal freedom is restricted during this period, the starting and ending dates shall be stated in order to offset the sentence.
If the defendant is a legal person, it shall specify the full name and address of the unit, and the name and position of the legal representative or the principal responsible person of the unit.
If the defendant is a minor or a person with limited capacity, he should also insert "legal agent" or "appointed agent" under it.
If there is more than one defendant in a case, the identity of each defendant should be written in the order of principal and accessory.
In the column of defender, if the defender is a lawyer, only the name, work unit and position should be written; If the defender is someone else, write "Defender: ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
If a private prosecutor in a private prosecution case or a victim in a public prosecution case entrusts an agent, the agent shall specify in the second line of his power of attorney. The writing of his agent is roughly the same as that of his defender.
4. Relevant information about the trial of the case.
Relevant information about the trial of a case refers to the expression of the origin and trial process of the case, including the following contents: the cause and source of the case, that is, the defendant's name, charges and the origin of the case (the time when the court accepted the case should be stated so as to calculate the trial period); Judicial organization, that is, whether the court forms a collegiate bench according to law and whether the trial is held in public according to law (writing this content is related to whether the principle of public trial is implemented); The appearance of public prosecutors, defendants and their defenders, witnesses, experts, etc. Cases of public prosecution and cases of private prosecution are written in different ways, namely:
(1) Public prosecution case. It reads: "People's Procuratorate ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Month * day * month * day * month * day * month * day * month * day * month * day * day * month * day * day * month * day * month * day * month * day * month * day * month * day.
(2) Private prosecution cases. It reads: "The private prosecutor ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The case has now been closed. "
⑶ Combining private prosecution with counterclaim to try cases. It says: "The private prosecutor ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Private prosecutor (defendant) ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
For some major and difficult cases reported to the judicial committee for discussion and decision, between "this case" and "the trial has now ended" in the cause of action, the words "discussed and decided by the judicial committee after deliberation by the collegial panel" are added. 1
The establishment of reasons and the verdict should be based on facts. Firstly, the basic contents of the accusation of the procuratorate are summarized, and then the defendant's confession, defense and defense points are stated.
Secondly, focus on the facts identified by the court. This fact is the main basis of guilt, innocence and qualitative sentencing, and the facts identified by the court should be written according to the principle of "being faithful to the truth". Specifically, we should pay attention to the following aspects:
(1) To describe the content of the criminal facts, seven elements of the criminal facts should be made clear, and the criminal facts should be written comprehensively, reflecting the time, place, motivation, purpose, means, plot and result of the perpetrator of the case. Sometimes it is necessary to write down the attitude and performance of the defendant afterwards. With regard to time, accuracy is required. According to the time itself, it can be proved that the defendant may commit a crime, and the year, month, day and time should be written in detail; Regarding the location, it should be written accurately, and the names of similar locations should not be confused, especially the detailed address of the crime site must be written accurately; As for motivation, it is necessary to write clearly the real motivation of crime, that is, the internal reasons that really promote criminals to commit crimes; As far as the purpose is concerned, this important factor that constitutes the subjective aspect of crime must be the external result that the criminal wants to achieve in his psychological state; As far as means are concerned, the subjective malignancy of the defendant can be reflected by writing the ways and means of committing criminal acts; With regard to the plot, it is necessary to specify the process of the criminal act, and reflect "minor plot", "serious plot", "particularly serious plot" and "particularly bad plot" through the situation and changes in each stage of the crime; As for the result, it is necessary for people to understand the harmful consequences of criminal acts on society, whether it has caused no serious consequences, serious consequences or particularly serious consequences.
(2) Through the analysis and demonstration of the main evidence, it is proved that the identification of the criminal facts is accurate, that is, the criminal facts should be conclusive. Whether the facts are true or not depends on the evidence. Therefore, when describing the facts of a crime, criminal judgment in the first instance should cite the evidence verified by the court to prove that the defendant is guilty, and the circumstances are serious or minor to prove the facts of the crime. The evidence must be facts that can prove the true situation of the case and be verified. According to the provisions of China's criminal procedure law, there are seven kinds of evidence: physical evidence and documentary evidence; Witness testimony; The victim's statement; Confessions and excuses of criminal suspects and defendants; Appraisal conclusion; Records of inquest and inspection; Audio-visual materials and so on. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is sufficient and reliable, the defendant may be found guilty and punished. The witness's testimony must be interrogated and cross-examined in court by the public prosecution organ, the victim, the defendant and the defender before it can be used as the basis for finalizing the case. If the judgment is based on indirect evidence, then the evidence and the evidence should be mutually verifiable.
Evidence can be written in various ways. If the case is simple, you can focus on analyzing the evidence; If the case is complicated, you can give evidence while describing it; In the case of multiple crimes committed by one person or group crimes, evidence can be given individually or one by one, and decisions can be analyzed. For example, "The above facts are supported by the report and statement of the victim ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× However, the writing of evidence should not be too complicated, but clear, clear and concise. (3) The narrative of criminal facts should be focused, emphasizing the facts that can prove the defendant's guilt, and omitting or omitting the circumstances that are of little or no significance to conviction and sentencing. In a case where the defendant has committed crimes for many times, the main crime must be highlighted, and the essential characteristics of the defendant's crime can be reflected by highlighting the main crime and describing the minor crime as needed. General criminal cases should be described with the principal offender as the main line. In the case of group crime, we can first summarize the forms of the group and the same criminal acts, and then describe the crimes of each defendant in the order of principal, accessory or felony and misdemeanor. It is worth noting that only by using exact words and writing the criminal facts with emphasis and details can we describe the criminal facts clearly. Vague language or overly general language is usually not allowed.
2. reasons
Part of the reason is to explain why the court made such a judgment, which is a medium that organically combines the facts, circumstances and judgment results of the case. Its core content is to analyze the nature of the defendant's behavior and demonstrate how to deal with it according to the characteristics of the case, using legal provisions, legislative principles, crime constitution principles and elements, so as to determine the specific measures to punish the crime and achieve the purpose of crime prevention. Explaining the reasons must be based on the facts identified by the court, the provisions of criminal law and criminal procedure law, facts and laws, well-founded, rigorous in structure and concise in language. Specifically, we should pay attention to the following aspects:
(1) according to the provisions of the criminal law, clarify the reasons for conviction and sentencing. By analyzing the defendant's criminal motive, the performance and harmful consequences of the target crime, this paper demonstrates the defendant's criminal nature, vicious degree and its serious influence, and determines his charges on the basis of the criminal characteristics and the objects directly infringed by the specific provisions of the Criminal Law. For example, according to the criminal law, robbing public or private property by violence, coercion or other means constitutes robbery, and this crime can only be established if it conforms to this nature. In addition, we should also pay attention not to take the constitutive requirements of a crime as a reason for heavier punishment. Any criminal case has its own characteristics, so we must highlight the characteristics of this case and adhere to the principle of writing reasons from the nature of the case itself. Those who commit several crimes should be sentenced to a felony first and then to a misdemeanor; General * * * criminals and group criminals should determine the principal, accessory and accessory charges according to law. If the charges determined by the court are inconsistent with those determined by the public security and procuratorial organs, it shall be analyzed and explained.
⑵ Analyze and explain the views of both the prosecution and the defense. In criminal cases of first instance, the opinions of both the prosecution and the defense are, on the one hand, the accusation of the people's procuratorate or the accusation of the private prosecutor, and on the other hand, the defense of the defendant and his defenders. When writing reasons, it is necessary to analyze the main arguments and reasons held by both the prosecution and the defense, and the correct ones indicate that they will be adopted; If it is wrong, refute it.
(3) Correctly handle the relationship between facts, reasons and judgments. The reasons for the judgment play a connecting role in the judgment, and must be adapted to the facts and circumstances that have been identified and consistent with the judgment results. In this way, facts, reasons and judgments can take care of each other and be impeccable.
The reasons are consistent with the facts, that is, the principle of "based on facts" should be observed when explaining the reasons, and the criminal essence of the defendant should be analyzed and evaluated from the main facts and circumstances of the case. To what extent are bad and minor behaviors discussed. According to the defendant's guilt, performance and guilty attitude, we can analyze what conditions the defendant has to be considered as heavier, heavier, lighter or lighter. On the premise of distinguishing the status, role and criminal responsibility of each defendant, the seriousness of the crime should be demonstrated separately.
The reason is consistent with the judgment, that is, according to the criminal law and the criminal procedure law, after judging the defendant's behavior, it is concluded that a certain punishment should be imposed. Outdated laws, regulations and policies, controversial legal theories and outdated moral norms that are incompatible with socialist legal principles cannot be used as arguments for argumentation or refutation. When writing specifically, on the one hand, it should be reasonable and legal, on the other hand, it should be careful not to just write simple conclusions and determine the charges stiffly. Any contradiction between reasons and judgments should be eliminated, for example, a guilty verdict is out of the question; Can't make a guilty statement about the acquittal; Part of the reason can not be said that the nature of the crime is very bad and serious, but the sentence is very light, only short-term imprisonment, criminal detention and other penalties; You can't prove that the defendant constitutes a crime in the reason part, but the verdict is punished by crime B. For example, the reason part proves that the defendant committed robbery, but the final verdict is punished by theft. (4) Correctly quote the applicable specific legal provisions. Citing legal provisions is to provide legal basis for the text of the judgment. Whether the legal provisions can be quoted accurately and comprehensively is related to the correctness of conviction and sentencing and directly related to the quality of criminal judgment. When quoting the law, we must refer to the facts, nature and circumstances of the defendant's crime, and specifically quote appropriate provisions. To quote legal provisions, first of all, it is required to be accurate and appropriate for the judgment result; Secondly, the requirements should be specific and refer to the provisions of the specific provisions of the criminal law. If there are articles, paragraphs and items, they must be quoted to the items; Third, it is required to be comprehensive, and all the quoted terms must be quoted without omission; Fourth, it requires completeness, that is, it is necessary to refer to both the conviction clause and the sentencing clause, so that conviction and sentencing can be legally followed; Fifth, it is required to be orderly, that is, the provisions of conviction and sentencing range should be cited first, and then the provisions of heavier, heavier, lighter and mitigated should be cited. First quote the provisions of the principal punishment, and then quote the provisions of the supplementary punishment. If a number of people commit a crime, the legal provisions shall be listed one by one. General * * * legal provisions related to crime can be highlighted and listed by the people when necessary. In the case of group crime, we should combine sentencing one by one and quote legal provisions one by one. If you want to refer to both substantive law and procedural law, you should generally refer to procedural law first and then substantive law. It should also be noted that the names of legal provisions should be full names, not abbreviations.
Step 3 judge the result
A judgment is a conclusion that the defendant is guilty or innocent, what crime has been committed and what punishment is applicable according to the specific provisions of the legal provisions. This is an important part of the judgment and must be strictly examined to ensure that the judgment conforms to facts, reasons and laws. The guilty verdict of first instance should be written as follows: first state what crime the defendant committed, and then continue to write what punishment he was sentenced to. Penalties include principal punishment and supplementary punishment. Accusations must be written in strict accordance with the law, not scribbled or arbitrary. In the past, some judgments did not write charges, but only penalties, such as "sentencing the defendant Li XX to two years in prison". What crime did Li XX commit? We should find out why. In other judgments, the expression "thief Wang XX was sentenced to six months' criminal detention" appeared, and it was inappropriate not to use special sentences to express the charges.
We should also avoid the nonstandard expression of some crimes such as "killing cadres". If there are more than one person in a case, they should be convicted and sentenced according to the order of primary and secondary guilt or heavier and lighter punishment, citing the legal basis one by one; If several crimes are combined, they shall be convicted and sentenced separately, and then the punishment to be executed shall be decided in accordance with the provisions of Section 4 of Chapter IV of the General Principles of Criminal Law; Criminals' stolen money and goods should be clearly identified, recovered by judgment, ordered to make restitution or confiscated. If there are many types of property, only the types and total amount are stated in the judgment, and a separate list is made as an annex to the judgment. Where an organ, group, enterprise or institution constitutes a crime and is sentenced to economic punishment, it shall first specify what crime the defendant (unit) committed, and then specify the type and amount of the fine or confiscated property. The specific expression is as follows:
"1. The defendant ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Two, the defendant XXX (including recovery, restitution or confiscation of property types and amounts. If not, don't write. The end is the end of the judgment, and the following contents shall be stated in turn:
1. Explain that the Court of Appeal for the right of appeal has written a new line at the end of the text: "If you refuse to accept this judgment, you can appeal to the people's court directly or through our court within ×× days from the second day of receiving the judgment. If you appeal in writing, you should submit the original appeal 1 copy and x copies. "
If it is a case of private prosecution, the number of copies of the appeal shall be stated according to the number of the other parties.
4. Signature of members of the collegial panel
The lower right of the tail is signed by the presiding judge and the judge (acting judge) in turn, and the sole judge is signed by the judge or acting judge. Anyone appointed by the president or the president as the presiding judge, whether a former judge or an assistant judge, shall sign in the name of "presiding judge". If an assistant judge participates in the collegiate bench trial, according to the provisions of the court organization law, his signature should be "acting judge".
13. Decision date of the judgment.
At the bottom right of the signature, write down the date of judgment. If the case is discussed by the judicial committee, the date when the judicial committee made the decision shall be clearly stated and stamped with the seal of the people's court.
4. Signature of the clerk
Sign the employee's name at the bottom of the year, month and day, and affix the seal "This copy is the same as the original check" at the bottom left between the year, month and day to show verification.