(1) header. The following items should be described in turn:
1, file name, namely "criminal complaint".
2. The identity of the complainant. Including the complainant's name, gender, age, occupation, work unit and residence. If the complainant is a legal person or other organization, it shall specify the name and domicile of the unit and the name and position of the legal representative or principal responsible person.
If there is an entrusted agent, the identity of the entrusted agent shall be stated.
The identity of the defendant is basically the same as that of the plaintiff.
(2) the text. It is the main part of the criminal complaint, including the accusation request and factual reasons.
1, complaint request. It is mainly the specific matter of requesting the public security organ to solve the dispute, that is, the purpose that the complainant wants to achieve through the complaint. The request for accusation shall be clear, specific, legal and reasonable, and attention shall be paid to the omission.
2. The facts and reasons on which the complaint request is based. The facts mentioned here are the specific criminal facts of the defendant. It is necessary to specify the time, place, purpose, motive, means, plot and result of the defendant's crime. This part must be clearly written before the people's court can verify it.
The reason is to analyze the nature and circumstances of the crime and the losses or injuries caused to oneself according to the defendant's criminal facts, clearly point out the specific provisions of the criminal law and the charges constituted by the defendant's actions, and reiterate the request for accusation.
(3) tail. Write down in turn: the name of the organ that sent it to the public security organ, the signature and seal of the complainant, the time, and the name of the attachment.
In practice, some people submit criminal complaints to public security organs, while others directly submit them to people's courts. According to the provisions of the Criminal Procedure Law, it is necessary to determine who will submit the case according to the actual jurisdiction of the case. If this book is a case of private prosecution, it can also be submitted to the people's court, of course, in most cases it is submitted to the public security organs.
Extended data
According to Article 85 of the Criminal Procedure Law, complaints can be made in written or oral form.
If it is an oral complaint, the receptionist shall make a written record, which shall be signed or sealed by the complainant after being read out correctly. The staff accepting the complaint shall inform the complainant that the complaint should be realistic, and shall not falsely accuse or frame others, and explain the legal responsibility that the false accusation should bear.
According to the provisions of Article 86 of the Criminal Procedure Law, the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, examine the complaint materials in a timely manner, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
Baidu Encyclopedia _ Criminal Procedure Law