Judgment, in legal terms, refers to the document written by the court according to the judgment. It is an applied style commonly used in the legal field, including civil judgment, criminal judgment, administrative judgment and criminal incidental civil judgment.
The making of written judgment should have the characteristics of standardization, innovation, openness, legitimacy and accuracy in form.
(1) normal. In order to improve the quality of litigation documents, the Supreme Court has formulated normative, standard and practical document styles of various judicial decisions. Therefore, the writing procedures of all kinds of judgments should meet the requirements of the Supreme Court on making judgments. In a word, judicial decisions must conform to technical specifications and printing specifications.
(2) innovation. There are many differences between various cases and similar specific cases. Therefore, the judgment should not stick to the established format, but should be constantly innovated on the basis of norms.
(3) openness. Public trial is a constitutional principle. As the ultimate carrier of trial activities, judicial judgment should of course embody the principle of open trial.
(4) Legal nature. Judicial judgment is a professional document with strong legal nature written by judges, and it is a legal document made by the court according to legal authority and legal procedures.
People's Court criminal judgment (format)
[1998]× Zi ChuNo. 15
Public Prosecution Organ: People's Procuratorate of XX District, XX City;
Defendant Wu XX (formerly known as Wu XX), male,1born on July 30, 960, Han nationality, native of this city, junior high school culture, farmer, living in Liwei Village, Jinping Town, XX District of this city. 1July 993 15 was criminally detained for rape and arrested on July 22 of the same year. Now detained in XX city detention center.
Defenders: Wang XX and Li XX, lawyers of XX Law Firm in Xinpu District.
The People's Procuratorate of XX District of XX City filed a public prosecution against the defendant Wu XX for committing rape. On August 3rd, 65438, 0993, our hospital received the indictment from the People's Procuratorate of XX District, and formed a collegial panel according to law to hear the case in closed session. Cheng XX, the procurator of XX District People's Procuratorate, appeared in court to support the public prosecution, and the defendant Wu XX and his defenders Wang XX and Wang XX appeared in court to support the public prosecution. The case has now been closed.
The People's Procuratorate of XX District accused the defendant Wu XX of raping Zhang XX on the evening of May 2 1993. Defendant Wu XX voluntarily had sex with Zhang XX for money. His defender believes that the defendant's behavior constitutes a crime, but he did not commit violence. The circumstances of the crime are relatively minor and have not caused serious consequences, and there are discretionary lenient punishment circumstances.
It was found through trial that:1May 2, 19931day, the defendant Wu XX went to Dongyacen Village, Sucheng Township, XX District to sell cigarettes and stayed in the east room of his relative's house that night. That night, the defendant Wu XX went to the West Room at 0: 00 on the 22nd to rape Zhang XX, who was sleeping, after learning that her husband was fishing in the sea.
The above facts were confessed by the defendant Wu XX, which was consistent with the statement of the victim Zhang XX, and were proved by the criminal science and technology appraisal [1993] X.G.W. Zi No.030 and the testimony of Xiao XX and other witnesses.
The court held that the defendant, Wu XX, committed adultery while others were sleeping, which had violated the criminal law and constituted the crime of rape. The People's Procuratorate of XX District accused the defendant Wu XX of committing rape. The facts are clear and accurate, and the court supports them. Defendant Wu XX retracted his confession about the facts of his crime, arguing that the victim Zhang XX had sex with him voluntarily, which was purely a shirking of responsibility. Defender's opinion that the defendant did not commit violence and did not cause serious consequences, please handle it lightly as appropriate, and the collegial panel will consider it when sentencing. In order to crack down on criminal activities and protect women's personal rights from infringement, according to the provisions of Article 236 1 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Defendant Wu XX was convicted of rape and sentenced to 6 years in prison.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of XX Province through our hospital or directly within 10 days from the second day after receiving the judgment. The appeal shall be submitted in one original and two copies.
Presiding judge: ×××××
Judge: ×××××
Acting judge: ×××××
201610 June 18
Clerk: ××××