The prosecution opinion is a document issued by the public security organ after the investigation of the case is completed and it considers that the suspect is suspected of committing a crime and should be held criminally responsible and transfers it to the procuratorate at the same level for review. Article 129 of my country’s Criminal Procedure Law stipulates: “When the public security organs investigate a closed case, they shall ascertain the criminal facts clearly, the evidence is reliable and sufficient, write a prosecution opinion, and transfer it together with the case file materials and evidence to the same level. The People’s Procuratorate’s review decision “The prosecution’s opinion consists of the head, body and tail. 1. Header. Including the name of the agency that formulated the document, document name, document number, the identity of the criminal suspect (name, gender, age, ethnicity, place of origin, education level, unit, occupation, address) and criminal history. The following issues should be noted: (1) It is not necessary to list all the names used by the criminal suspect, such as pseudonyms, aliases, nicknames, pen names, stage names, nicknames, etc. However, those aliases or pseudonyms that have been used in crimes should be listed in the column of criminal suspects. In particular, some fugitive criminals mostly use pseudonyms to carry out criminal activities; therefore, it is very necessary to list pseudonyms and aliases in the column of criminal suspects. If the name of the criminal suspect is not clear, fill in the name according to his confession. (2) When filling in the criminal suspect’s criminal history, describe the criminal suspect’s criminal record and public security punishment as clearly as possible. For those who escape from reeducation through labor or commit crimes after being released from prison, and those who commit crimes within three years after escaping, or those who commit crimes within five years after escaping, the specific time for escaping or being released from reeducation through labor, being released from reeducation through labor, being released from reeducation through labor, or escaping shall be stipulated . * * * If there are several criminal suspects who should be held criminally responsible in the same criminal case, the criminal managers of the criminal suspects should be described separately and arranged in the order of principal offender, principal offender, and coercive offender. (3) If a unit commits a crime, the name, address, name, gender, and position of the legal representative of the unit must be stated. 2. Text. Include the facts of the crime and the reasons and legal basis for prosecution. (1)Criminal facts. The criminal facts should highlight the constituent elements of the crime. The completeness of the elements constituting a crime is the basic requirement for determining a crime and is also the basis for prosecution opinions. Based on actual case handling experience, the following four narrative methods can be summarized: a. Narrate in chronological order, that is, in the chronological order of the suspect's crime. This way of writing applies to situations where one person commits one crime, multiple people commit one crime, or one person is suspected of the same crime multiple times. b. According to the nature of the crime, that is, according to the severity of the nature of the crime of the suspect, write the felony first and then the misdemeanor. This way of writing is mainly applicable to situations where one or more people have committed multiple crimes and are suspected of different crimes. With this way of writing, the key points are highlighted, the key points are clear, and the crimes are clear. c. According to the comprehensive summary narrative, this writing method applies to two or more people suspected of the same crime multiple times. The methods, methods, processes and means of the left bank are basically the same. d. Use a variety of writing methods. For cases of * * * same crime and group crime, due to the different status of the criminal suspects in the commission of the crime, the crimes are intertwined, the circumstances are different, the responsibilities are different, and the legal provisions violated are also different. Therefore, most of these cases are described using methods such as comprehensive induction. That is to say, first clearly state the main facts of the crime through comprehensive induction (by nature or chronological order), and then clearly state the status and role of each criminal suspect in the crime process in the order of principal offender, accomplice, and coerced accomplice. and responsibility. For some criminal suspects who, in addition to participating in the same crime, also committed other crimes, they can write down the facts of separate crimes after describing the facts of their participation in the same crime. If the nature of the individual crime is serious, a separate case may be handled, that is, an individual prosecution opinion may be proposed. When describing criminal facts, the following points must be achieved: First, comprehensively and accurately reflect the criminal facts of the suspect. The so-called comprehensive includes three levels of meaning: first, all criminal acts, suspected of several crimes; second, the fact that the crime is aggravated, lenient, mitigated or exempted from punishment; third, the criminal suspect reports and exposes others during the investigation process. Criminal activity or evidence of repentance. The so-called accuracy means not to exaggerate, reduce or subjectively judge the criminal facts of the suspect, and to truly reflect the true appearance of the case. Second, distinguish between crime and non-crime. Facts that do not constitute a crime cannot be stated in the text. Facts unrelated to the conviction cannot be incorporated into the prosecution opinion. Third, in * * * criminal cases, it is necessary to distinguish the status, role and responsibility of each criminal suspect in the case. First describe the crime facts clearly, and then describe them separately.
The behavior of the principal offender plays a leading role in the entire criminal activity and should be the focus in the narrative; for the first offender, the facts of organizing and planning the criminal activity should be focused on, and his leadership position in the criminal activity should be made clear; for accomplices and threatening behaviors, the focus should be on Describe his/her direct responsibility in the criminal activity to indicate his/her subordinate position. Fourth, when describing the facts of a crime, certain evidence must be cited to prove it. (2) Reasons and legal basis for handling opinions. The reason why the handling opinions are put forward is to explain that the criminal suspect's behavior violated the criminal law and the suspected crime should be punished in accordance with the law. The basis for transfer for prosecution is the provisions of Article 129 of my country's Criminal Procedure Law. After citing the legal basis, it reads: "This case is specially transferred to your court for review and prosecution." The following points should be paid attention to when making: First, legal provisions must be fully quoted. Second, the characterization must be accurate. Third, if the victim files an incidental civil lawsuit during the investigation, this must be stated in the conclusion. 3. Tail. Including the name of the recipient, date of production, seal of the Director of Public Security, and seal of the Public Security Bureau. Three items should be stated in the text annotation: (1) The location of the criminal suspect in this case at the end of the investigation; (2) How many case files are attached; (3) Attached are the dirt and evidence of this case. Xxx Public Security Bureau
Proposed Prosecution Opinion
Public Prosecution No. (20×××) No. 93
Criminal suspect Wu XX, male, 19 XX year 6 Born on July 7, Han nationality, native of XX County, Anhui Province, college degree, professional doctor, lived in XX Village, XX County, Jiangxi Province before his arrest.
Illegal and criminal experience: In 1972, she was sentenced to five years in prison by the People's Court of XX County, XX Province for theft and trafficking of women; in 1979, she settled in XX Village, XX County, XX Province; on August 14, 2019, she was sentenced to five years in prison Bureau of criminal detention.
After the investigation of our bureau was completed, it was confirmed that the criminal suspect Wu XX had the following criminal facts:
In February 19××, the criminal suspect Wu XX and Aikou Village, Chenhan District Married woman Tang XX (33 years old) had been living together illegally for half a year. Tang XX stole 1,200 yuan in cash and clothes from criminal suspect Wu XX. Wu XX was very angry. From June to October of the same year 5438, while selling pork in Wu XX City, the pork was robbed. Wu thought it was Tang XX who was making fun of him and was ready to take revenge on Tang XX. In February 19 ×××, the criminal suspect Wu ××× met with Tang ××× in Erlang Township Street. Tang ××× expressed his intention to get back together with the criminal suspect Wu ××× and proposed to Wu ××× He borrowed 400 yuan to repay the debt and made it clear that he would pick up the suspect at the highway bridge that night and take him to his mother's house. Wu XX took advantage of his scheme and lent XX 400 yuan. That night, the criminal suspect Wu Xx, wearing a laundry stick, waited at the bridge of Erlanghe Highway as scheduled. He waited until midnight but did not see Tang Xx. Knowing he had been tricked again, he resolved to take revenge. On August 2, 19×××, the criminal suspect Wu ××× met Tang ××, a fish and shrimp seller, at the free market in ××× County, and deceived Tang ××× to Baidu, ××× County the next day. Cat Zone. At 13, the two men went along the highway from White Cat to sell shrimp. Around 10 a.m., when they reached the 120K+650M mark of the "Biaocai" Highway in XXX, the criminal suspect Wu XX saw that the mountain was high and there were few people there, so he was unprepared. Seeing this, the criminal suspect slammed the pole against Tang XX's head. The pole hit the stone on the embankment and immediately broke into two pieces. When Wu XX saw the soup rolling to the bottom of the stone embankment, he dropped the broken pole, slipped to the bottom of the embankment, picked up the stone, and threw it at Tang XX. Tang XX fought back and retreated steadily. When he retreated to a big stone in a stone ditch 15 meters away from the stone bank, Tang XX fell to the ground. The criminal suspect Wu XX jumped on him and got his hands stuck. Tang Xx opened his mouth because of respiratory obstruction, and the suspect immediately released his right hand to protect the pain point on his left hand. At this time, Tang Xx grabbed Wu Xx's face and neck with both hands and kept shouting "help". When the criminal suspect Wu XX saw Tang XX yelling, he picked up a stone and hit Tang XX on the head. Immediately, blood splattered everywhere. Tang XX struggled to get up and hugged Wu XX. Wu XX threw Tang XX heavily to the ground, then picked up a stone and threw it at Tang XX's back. Later, when he saw Tang XX not moving, he got involved. According to forensic identification, Tang XX died of comminuted skull fracture and severe brain injury.
To sum up, the behavior of criminal suspect Wu XX violated Article 232 of the "Criminal Law of the People's Republic of China" and was suspected of intentional homicide. According to the provisions of Article 129 of the Criminal Procedure Law of the People's Republic of China, the case is now transferred for review and prosecution in accordance with the law.
I hereby convey
Song XXX (Prosecutor General of XXX People’s Procuratorate of India)
Xx County Public Security Bureau (seal) year, month and day