First, the name, gender, age, nationality, education level, occupation, work unit, address and contact information of the private prosecutor or the defendant should be stated; The time, place, means, circumstances and harmful consequences of the defendant's crime; Specific claims; People's court and service time; The name and source of the evidence; If there is a witness, the name, address and contact information of the witness shall be stated.
2. The first part of the criminal private prosecution of abandonment crime shall specify the names, gender, age, date of birth, nationality, native place, occupation, work unit and position, home address, telephone number and postal code of the private prosecutor, agent ad litem and defendant. In the part of cause of action and claim, the charges and claim, that is, what kind of crime the defendant constitutes, should be clearly stated, and the people's court should be requested to investigate his criminal responsibility according to law. Where an incidental civil action is filed, the civil liability and the amount of compensation for the defendant shall also be stated.
Thirdly, in the part of facts and reasons, it is necessary to state the specific facts of the defendant's criminal behavior against the victim, including the relationship between the victim and the defendant, the time and place of the crime, the motive, purpose, means, process and result of the crime, and the performance after the crime. Relevant evidence, witnesses and addresses are also required. At the end, the name of the people's court where the complaint was submitted shall be stated, signed or sealed by the pledgee, and the date of prosecution shall be indicated. Matters needing attention mainly include all kinds of evidence materials and lists.
4. As the name implies, the crime of refusing to perform or execute the trial made by the court is called the crime of refusing to perform. Of course, in view of this situation, relevant laws will also take some measures. If anyone refuses to carry out the judgment, he can carry out criminal private prosecution.
Criminal private prosecution
Private prosecutor: Lei XX, female, born on,,, and.
Defendant: Yu XX, female, aged XX.
Cause of action: libel case
Claim: (1) Yu×× should apologize publicly, clarify the facts and eliminate the bad influence caused by his words and deeds; (2) Yu Xx shall compensate mental damage compensation for XX yuan.
Facts and reasons:
(The facts of the crime should be stated, which is omitted here)
Here, I request the people's court to make a judgment on XX's behavior in accordance with Article 246 of the Criminal Law of People's Republic of China (PRC) and Articles 170, 17 1 of the Criminal Procedure Law of People's Republic of China (PRC), so as to safeguard my legitimate rights and interests.
Main evidence and evidence source: (1) two witness testimonies. Unit colleagues Zhao XX and He XX each issued a testimony; (2) proof of hospitalization. I am here to convey
Xxxx people's court
Private prosecutor: Lei XX
Authorized Agent: ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(Attachment: two copies of this complaint)
legal ground
Article 313th of the Criminal Law of People's Republic of China (PRC) refuses to execute a judgment or written order. Refusing to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 26 1 of the Criminal Law stipulates that whoever refuses to support the elderly, young, sick or other people who cannot live independently shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. The crime of abandonment is different from the crime of abuse. The former is not fulfilling legal obligations, and the popular saying is "inaction", while the latter is continuous violence against family members, and the popular saying is "disorderly behavior". The former is a person who has the legal obligation to support the abandoned and has the ability to fulfill the obligation, while the latter is a family member who lives together.
First, the main points of making documents:
1. Main contents:
(1) Natural information such as the name, age, nationality, native place, birthplace, education level, occupation, work unit and address of the private prosecutor and defendant.
(2) the facts of the defendant's crime, including the time, place, means and harmful consequences of the crime.
(3) the defendant's criminal behavior.
(4) Specific claims.
(5) the name and specific time of service to the people's court.
(6) The name and address of the witness.
(7) The name, quantity and source of the evidence.
2. Production point:
(1) In the part of facts and reasons, we should grasp three standards: first, objectivity; The second is clarity; The third is logic.
(2) Evidence and sources of evidence, grasp three standards: first, comprehensiveness; The second is concreteness; The third is logic.
Second, the format is as follows:
Criminal private prosecution
Private prosecutor: name, gender, date of birth, nationality, native place, occupation, work unit, position and address, etc.
Defendant: name, gender, etc. If the date of birth is unknown, please write down his age.
Cause of action: charges against the defendant.
Litigation request:
Specific claim:
Facts and reasons:
The time, place, object, motive, purpose, plot, means and consequences of the defendant's crime, and the reasons should be clear about the defendant's crime and legal basis.
Evidence and sources of evidence, names and addresses of witnesses:
The main evidence and its source, the name and address of the witness. If the facts have stated the evidence and witnesses, just point out the name of the evidence and the detailed address of the witness here.
I am here to convey
People's court
Private prosecutor:
Book representative:
Date, year and month