Fan and Zhao had a dispute over the booth in the market, and Fan was seriously injured by Zhao. However, in the case that the defendant Zhao refused to plead guilty, the county people's court sentenced the defendant Zhao to three years in prison and suspended for four years for intentional injury. Fan thought that the defendant Zhao did not have the conditions for probation at all, so he filed a protest request with the procuratorate. Then, how should Fan write the protest request to the procuratorate?
The lawyer answered the question.
The request for protest is a legal document that the victim of a criminal case and his legal representative refuse to accept the judgment of the first instance and request the people's procuratorate to lodge a protest. Contents include: (1) Title: The title is "protest request". Basic information of the petitioner: If the petitioner is a citizen, it shall indicate his name, gender, date of birth, nationality, place of origin, occupation (or work unit and position) and address; If the applicant is a legal person or other organization, it shall indicate its name and address, and the name, position and telephone number of its legal representative (or representative). (2) Text: State the reasons for the protest, that is, what to protest. Secondly, state the reasons and legal basis for requesting a protest, and put forward a protest request. (3) Tail: indicate the full name sent to the people's procuratorate, signed by the victim or his legal representative, and indicate the specific time when the protest request was filed.
In this case, Fan can refer to the following when writing a protest:
Protest request
Applicant: Fan Mou, male, born on,,.
The applicant received the criminal judgment (20 ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
The facts and reasons are as follows:
On ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× According to the provisions of Article 72 of the Criminal Law of People's Republic of China (PRC), a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be declared suspended if the application of probation does not really harm the society according to the criminal's criminal circumstances and penitence. As can be seen from the legal provisions, one of the conditions for applying probation to the defendant is that he shows remorse, and the defendant Zhao Moumou in this case does not even admit the crime, let alone show remorse, and does not have the conditions for probation at all. However, the XX County People's Court announced his probation. Therefore, according to the provisions of Article 182 of the Criminal Procedure Law of People's Republic of China (PRC), we request your hospital to lodge a protest quickly to correct the wrong judgment of the XX County People's Court.
I am here to convey
Xx people's procuratorate
Applicant: Fan Mou
×××× Year×× Month× Day
Legal link
Criminal Procedure Law of the People's Republic of China
Article 218 If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.
Collection of cases
In criminal protest, the victim and his legal representative have the right to lodge a protest request. The object of the request is limited to the criminal judgments of first instance made by local people's courts at all levels. The Supreme People's Court's judgment is final and no protest is required.