In the case conducted by the court, the final judgment will be made, but the judgment will be issued before the judgment. At this time, a written judgment is needed. In criminal proceedings, it is called a criminal judgment.
Criminal judgment's format
Criminal judgment is a written decision of the people's court to conclude the trial of a criminal case according to the procedures stipulated in the Criminal Procedure Law, and to convict and sentence the defendant according to the facts and evidence ascertained, which is a common one in applied writing.
According to the current laws of our country, criminal judgments can be divided into criminal judgments of first instance and criminal judgments of second instance.
If the defendant refuses to accept the criminal judgment of first instance, he may appeal within ten days from the second day after receiving the judgment; If the people's procuratorate finds that the judgment of first instance is indeed wrong, it shall also lodge a protest with the people's court at the next higher level according to law.
The criminal judgment of the second instance is final, but if the judgment of the second instance is really wrong, the defendant can appeal according to law, and the people's procuratorate can also lodge a protest according to law.
I. criminal judgment shall specify:
1, the basic information of the defendant, including the defendant's name, gender, age, place of origin, address, position, previous criminal punishment, arrest, date of detention, etc. ;
2. The situation of defenders and prosecutors;
3. The facts, reasons and applicable legal basis of the judgment;
4. The time limit for judgment and appeal and the court of appeal. Once a criminal judgment becomes legally effective, it is legally binding. For the judgment of first instance, the defendant may appeal to the higher court within 10 days from the date of receiving the judgment.
Second, the criminal judgment format
(1) Title and number. The title reads "criminal judgment of XX People's Court" in two lines. Write the number at the lower right of the title, including year, court abbreviation, document category and number.
(2) The identity of the public prosecutor. State the name and position of the public prosecutor.
(3) the identity and basic information of the defendant. Including the defendant's name, gender, age, nationality, native place, occupation and address, the time and reason of his detention and arrest, and whether he was detained or not.
(4) Defender column. If the defender is a lawyer, just state his name, work unit and occupation. If the defender is a close relative or guardian of the defendant, in addition to his name and position, he shall also indicate his relationship with the defendant.
(5) cause of action. Methods of prosecution and trial. Explain whether the case is prosecuted by the people's procuratorate or by the private prosecutor; The name of the defendant and the charges against him; Whether to form a collegiate bench according to law, or to try it separately, in public or in private; Prosecutors and defenders appear in court.
(6) facts. The facts that constitute a crime must be investigated and confirmed by the people's court in court according to law. Mainly indicate the time, place, people, reasons, means, process, consequences, etc.
(7) Evidence and reasons. Evidence includes direct evidence and indirect evidence, such as witness, material evidence and documentary evidence. The evidence must be conclusive, sufficient and powerful. When writing reasons, you must be persuasive and judge according to which article and paragraph of the criminal law.
(8) The text of the judgment. Mainly write to determine what crime the defendant committed, whether it is necessary to impose a penalty, what penalty to impose, the handling of stolen money and goods, and the start and end date of the sentence. For the text of the judgment of the same criminal case, the conviction and sentencing parts are arranged in the order of principal and accessory.
(9) explain the right of appeal and the way of appeal. It is necessary to clarify the appeal period, the number of appeals, the court of appeal and the way of appeal.
(10) End. Signature of members of the collegial panel; Date of judgment and court seal; The clerk signed and sealed "This copy is verified to be consistent with the original".
To sum up, we know the criminal judgment format, and we just need to know it. After all, it is not a legal document concluded by the parties. If the defendant refuses to accept the criminal judgment, he can appeal in writing, and then the case will enter the second instance.
Legal objectivity:
Criminal Procedure Law of the People's Republic of China
Article 202
The verdict was announced publicly. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days;
If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.