How to write the indictment of criminal incidental civil action according to law?

1. indictment format: private prosecutor: _ _ _ _ defendant: _ _ _ _ cause of action: _ _ _ _ claim: 1. Investigate criminal responsibility II. Facts and reasons for claiming civil compensation: evidence and sources of evidence, names and addresses of witnesses: to _ _ _ _ _ _ people. The difference between the two is only the fact and reason of causing material losses, that is to say, the former is caused by criminal acts, while the latter is generally caused by civil disputes. Both of them have similarities and differences in the content of document production. According to Article 164 of the Code for Lawyers Handling Criminal Cases, after accepting the entrustment, a lawyer should write an incidental civil complaint on behalf of the client, which basically includes: (1) the natural situation of the plaintiff and defendant in the incidental civil action. Including the names, gender, age, nationality, native place, occupation or work unit, position and address of the plaintiff and the defendant. If it is a unit or a legal person, the name, legal representative and address of the unit shall be stated. A lawyer shall specify his name and the name of the law firm. (2) Specific claims. Mainly combined with the scope and size of material losses caused by criminal acts, specific litigation requirements are put forward. When writing a lawsuit request, it should be clear, well-founded and not arbitrary. (3) Basic facts and reasons. In this part, the author should explain in detail the causes of material losses, that is, the causal relationship between detailed criminal acts and their infringement process and the consequences of material losses. Key facts and plots should not be stingy with words or simply omitted. This part is the core of criminal incidental civil action. (4) the name and time of submission to the people's court. (5) Relevant evidential materials. This is also the place that should be redrawn when filing a criminal incidental civil complaint. Because the criminal incidental civil action is essentially the transplantation of civil action in criminal proceedings, the plaintiff has sufficient burden of proof. This burden of proof is manifested in the presentation of relevant evidence in the indictment, including the name and source of the evidence, the name and address of the witness. (6) appendix. Mainly to explain the number of copies of the complaint. Third, the significance of the indictment: First of all, the criminal incidental civil indictment is the basis for the people's court to examine and decide whether to accept the lawsuit. Article 92 of the above explanation stipulates that after receiving the attached civil complaint, the people's court shall conduct an examination and decide whether to file a case within 7 days. To meet the requirements, decided to accept; If it does not meet the requirements, it shall be ruled to dismiss the prosecution. Secondly, the criminal incidental civil indictment is also an indispensable legal document for the people's court to carry out a series of litigation activities. As stipulated in Article 93 of the above explanation, after accepting an incidental civil action, the people's court shall serve a copy of the incidental civil complaint on the defendant in the incidental civil action within 5 days, or notify the defendant in the incidental civil action in time and make a record. If the defendant is a minor, he shall serve a copy of the attached civil complaint on his legal representative or inform his legal representative of the contents of the oral prosecution. Furthermore, the criminal incidental civil indictment is the basis for the people's court to hear and make a judgment. The people's court is only responsible for hearing and judging the contents recorded in the criminal incidental civil indictment and the claims made according to the principle of non-prosecution and disregard. To sum up, it summarizes the problem of how to write an indictment in criminal incidental civil action and the significance of the indictment. The evidence materials of the indictment should be written emphatically, such as the name and address of the witness and the detailed description of the whole story. The court conducts trials and judgments according to the requirements of the indictment. You can also contact a lawyer for other questions.