Regarding the model essay on criminal complaint (1) xXX, he is now in custody.
The appellant refused to accept the judgment of the people's court of xxx city in the case of traffic accident on September 20th, 15? (20 10)3x 1 Appeal against the criminal judgment on the following grounds:
1. The appellant has no objection to the conviction that the appellant Zhao XX constitutes a traffic accident.
Second, the appellant thinks that the first-instance judgment is too heavy for the following reasons:
1. Appellant Zhao XX is a first-time offender with no criminal record. The appellant has always performed well at ordinary times, and there is no violation of law and discipline. Moreover, the appellant has always obeyed the traffic rules from obtaining the driver's license until the accident, and there has never been a traffic accident. The accident was purely accidental.
2. Appellant Zhao XX has a good attitude of pleading guilty and can truthfully confess the relevant facts of this case. According to Zhao XX's record of being brought to justice, after receiving a call from the traffic police department of the Public Security Bureau, he actively assisted the public security organs in their investigation twice and recalled the situation at the time of the incident. Be able to truthfully confess the relevant facts of the case, obey the arrangements of the public security organs, and show a good attitude of confession and repentance.
3. The appellant Zhao XX took the initiative to claim compensation for the family of the victim in this case after he was brought to justice, and was willing to bear relevant civil liability for compensation. At present, although the appellant Zhao XX has been detained, with the efforts of the appellant's family and the owner of the accident, civil compensation has been paid to the deceased Peng xxx and the injured 15 in 16. Only the injured Yin XX claimed compensation after the four-month review period of clavicle fracture, but did not pay civil compensation.
4. Yin XX, another driver of the traffic accident in this case, has serious traffic violations and bears unshirkable responsibility for the accident. Dali City Public Security Bureau Traffic Police Second Brigade? Joule Dagongzi (20 10)No. 1026 confirmed that the speed of the large sleeper bus driven by Yin XX at the time of the accident was 77KM/h and the overspeed was 92. It is precisely because of the serious speeding behavior of Yin XX, the driver of Yun L16118 large sleeper bus, which is in line with the defendant Zhao XX's overtaking behavior, that a serious traffic accident caused casualties.
Three, request the people's court at a higher level to apply probation to the appellant for the following reasons:
1. The appellant Zhao xx's behavior that constitutes a traffic accident crime should be considered in the sentencing file of fixed-term imprisonment of not more than three years or criminal detention.
2. According to the facts of this case and the actual situation of appellant Zhao xx, request the superior court to apply probation to appellant Zhao xx.
(1) Appellant Zhao xx not only has the above discretionary lighter punishment circumstances, but also has many family difficulties. Zhao divorced in 20xx, and has a 9-year-old daughter and a nearly 70-year-old mother who can't work at home. In such a special family of three, Zhao xx is the only person who has the ability to work, and this family needs the support of the appellant Zhao xx.
(2) Appellant Zhao xx has no social harm, and it is in line with the law to apply probation to him. The appellant has the discretionary circumstances of lighter or mitigated punishment, and there is no possibility of endangering society, which meets the conditions of probation. The appellant asked the higher court to apply probation to the appellant according to the facts of the case.
To sum up, in view of the appellant's good attitude of pleading guilty, being a first-time offender, not having a deep subjective understanding, and not having the possibility of endangering the society, we request the superior court to fully consider the appellant's consistent performance, pleading guilty attitude and repentance for actively compensating related civil losses, and fully consider the fact that another driver of the traffic accident in this case, Yin xx, committed serious traffic violations, and give the appellant Zhao xx a lighter punishment. The appellant hopes that the higher court can give him a lighter or mitigated punishment and give him a chance to turn over a new leaf and turn over a new leaf.
I am here to convey
Xxx intermediate people's court
Appellant: Zhao xx
20xx65438+1October 8th.
Model essay on criminal appeal (II) Appellant: Tang XX, male, born on1October 4th, male, ID number: 51090219671004539x, Han nationality, from Anju District, Suining City, Sichuan Province, with small X culture.
The appellant received the crime of gathering people to disturb social order criminal judgment (2065438+03) No.83 from the Anju District People's Court of Suining City on October 8th, 2065. Now, according to the provisions of Article 216th of the Criminal Procedure Law of People's Republic of China (PRC), I refuse to accept the judgment and appeal.
Appeal request
Request the people's court at a higher level to revoke the criminal judgment (20 13) of the people's court of Anju District, Suining City, and declare the appellant innocent.
grounds of appeal
The facts of the original judgment were unclear.
The original judgment found that the fact that XX Construction Co., Ltd. signed a building agreement with nine villagers, including Zhao XX in huilong town, Anju District, was wrong.
In fact, the agreement signed with Zhao XX and others is Wu X and Wang X, which has been notarized.
The original judgment found that the fact that XX Construction Co., Ltd. entered the site on May 6, 2065438 was also wrong.
Wu X and others organized illegal construction activities in the middle of June 20 12.
3. The original judgment found that the appellant's motivation to stop the illegal act was still wrong.
The original judgment found? Defendant Tang XX blackmailed XX Construction Company? There is no evidence to prove it. In fact, the existence of Tao Chang Company is a question. As natural persons, Wu X and others engage in real estate development activities without authorization, and casually find a construction company to hang on their heads. Link? Carrying out construction activities without the approval of relevant functional departments without engraving or using the company seal, infringing on the appellant and the appellant's collective land use right. It is incredible that the appellant stopped these behaviors of Wu X and others, which turned out to be a criminal motive.
4. The original judgment found that the appellant obstructed the normal construction of the company, which was even more wrong.
First of all, the construction was done by Wu X and others, the XX construction company was used by Wu X and others, the project department was illegally established, the official seal was illegally engraved, and the construction was illegal. This series of actions have been recognized as normal by the court of first instance, which makes people feel incredible!
To sum up, the basic facts identified by the court of first instance are seriously wrong. In addition to the above, there are many mistakes based on this, such as the wrong construction time and the direct loss of Wu X and others.
The evidence of the original judgment was insufficient.
Evidence adopted in the original judgment (2)? That is, the case acceptance and evidence registration form No.5? "After arriving at the case" is enough to prove that Wu X and others deliberately framed the appellant.
1 evidence shows:? On June 8, 20 12, Wu X reported to the police that he was building houses in nine families including Zhao XX in Baoshan Street, huilong town, and people led by Tang XX organized villagers to extort money from him on the grounds of obstructing the construction 12000 yuan. Please investigate and handle it. ? This can prove the following facts: 1. Wu X reported the case on June 20 12 and 18; Second, the building is Wu X and others; Third, the money was given by Wu X himself.
1 evidence shows:? On June 8, 20 12, Wu Xilai reported that people led by Tang XX organized local villagers to extort money 12000 yuan. After preliminary investigation, it was found that the facts happened, and the case was filed on the same day, and the suspect was summoned to the police station. ? This can prove the following facts: 1. Wu X reported the case on June 20 12 and 18; II. The case was put on file on June 8th, 20th12nd.
Other evidence proves that Wu X paid the money on June 2, 20 12 1 day. What happened three days later, reported three days in advance, how to explain this logical impossibility except deliberately framing it? ! Other evidence can also prove that the appellant was summoned for the first time on July, 2065438 19, instead of June, 2065438. Naturally, the victim Wu X reported that he was a builder, and the appellee extorted1.2000 yuan. How did it become a house built by XX company, and the victim was also the company?
The original judgment did not specify the contents of this series of documentary evidence.
Documentary evidence listed in the original judgment (1) (including notarized documents) clearly shows that it is Wu X and Wang X who are engaged in real estate development, and this important fact has nothing to do with XX Construction Co., Ltd., which was not explained in the original judgment.
(3) evidence? Decision and evidence for filing a case (5)? The statement of arriving at the case is contradictory.
1 evidence stated that the filing time was July 2065438 19, and (5) evidence stated that the filing time was the date when Wu X reported the case, that is, June 2065438 18.
The original judgment not only failed to clarify the content of Evidence No.6, but directly proved that Wu X and others framed the appellant.
Zhao XX issued a receipt on June 2, 2065438, and paid the money to the appellant on June 23, 20 12, which is enough to prove that Wu X reported the case in June 20 12 and framed the appellant and the investigators involved (evidence [5] is enough to prove). B, Zhao XX from? Tao Yang Construction Company? Do you want to count the money collected? XX construction company? Boss, Zhao XX is a tenant of cooperative housing, obviously not even? XX？ With what? Tao Yang? Can't even tell. C, Zhao XX received the money from the appellant, and directly stated that it was collected for the appellant? Protection money? Isn't it three hundred and twenty silver here?
The content proved by the evidence used in the original judgment contradicts the facts ascertained.
Testimony of No.5 evidence witness Wu X, who reported that the Baoshan Garden project I undertook was blocked many times in the construction process. This evidence clearly proves that the developer of the house is Wu X, but the court of first instance determined that the developer of the house is XX Construction Co., Ltd. Moreover, it is common sense that only real estate development enterprises, not construction enterprises, can set up a real estate development project department. XX construction co., ltd. actually set up one? Baoshan Garden Project Department? The official seal has also been engraved, which can only prove that this project department is illegally established and the official seal is illegally engraved.
Witness Wang X is suspected of perjury.
Which one is the testimony of the evidence number witness Wang XX? There are procedures for repairing the house, and we can show them at any time? By the time of the trial, what the construction project must obtain was not put forward? Construction project planning permit? And then what? Construction permit for construction project? .
Witness Deng Ziping is suspected of perjury.
No evidence? Witness Deng Ziping's testimony, which one is called? 2065438+01June, 9 households in Longzhen reached an agreement to help them build houses together. On June 20 12, we met local Tang XX and took local people to the construction site to obstruct our construction. Wu X, the manager of our company, Wang Hai X, the person in charge of the site, and I found Tang XX and called him and Li, the secretary of the local village cadres, to a teahouse in Suining for consultation. First of all, Deng Ziping proved that the first construction time was June 20 12, and the filing time with Wu X was May 20 12. Secondly, Deng Ziping said that in June of 20 1 1, nine households in Longzhen reached an agreement to help them build houses together, which was proved by notarized documents. Did Wu X and Wang Hai X sign the nine-family joint construction? Contradictions; And Wu X reported that he was a farmer, and he was killed by him? Seal? It's strange to ask the manager! What's more, what is it called? On June 22nd, we went to Noon Toom to ask Zhao XX for money, and we gave it to Zhao XX? But when did Wu X report the case? June 18? In other words, Wu X reported the case four days in advance, and the Huilong police station also filed the case four days in advance. Still think? The fact of extortion has happened? , now Kex fantasy only stays in? Back in time? On the level, Wu X and others actually came up with one? Time speeds up? Event, maybe you can get one? Nobel physics x prize? So what! What others can't think of is at least recognized by the public, prosecutors and laws in Anju District of Suining City, and it is also an honor for Anzhu people!
Witness Wei is suspected of perjury.
No evidence? What is the testimony of witness Wei? I am an engineering technician at Baoshan Garden Project Site. The money on the desk of the engineers and technicians handed in by our company was made by our company's finance department. I checked it and signed it, and then the company manager signed it. 20 12 I compiled the payroll of managers in Baoshan Garden in May, June and July. The machinery lease contract was signed by the company manager, and the money was approved and distributed by me. The salaries, rosters and mechanical lease contracts of these technicians, workers and migrant workers are all true. ? This kind of testimony is inconsistent, since it claims to be Wei? Engineers and technicians? How to do well what an accountant should do. There are only two possibilities, either the company is Y's or he lies. In any case, he is suspected of perjury.
The appraisal conclusion does not belong to the evidence of criminal proceedings.
No evidence? That is, the expert conclusion, according to the provisions of Item (6) of Paragraph 2 of Article 48 of the Criminal Procedure Law of People's Republic of China (PRC), the expert opinion can be used as evidence in criminal proceedings. Moreover, this conclusion is based on the self-statistics of Wu X and others, which has no legitimacy and authenticity at all.
To sum up, there is no evidence to prove the facts identified in the original judgment, but there is enough evidence to prove that Wu X and other relevant personnel constitute the crime of illegal business operation, false accusation and frame-up, perjury and forgery of company seal, so we appeal on the above grounds, hoping to grant the appeal request.
I am here to convey
Suining Intermediate People's Court
Appellant: