(1) Header
1, title
Includes the name of the production organization and the name of the document. The name of the production organ, that is, the name of the people's court, should be written in the middle and two lines above, and should be consistent with the words printed by the court. Grassroots courts should be crowned with the names of provinces, autonomous regions and municipalities directly under the central government; Foreign-related cases should be named People's Republic of China (PRC). The font is one size larger than the text. Write the name of the document below, which is criminal judgment.
2. Document number
At the lower right of the title, indicate its case number (document number). The case number consists of the year of filing, the court, the nature of the case, the trial procedure and the case sequence number. For example, Shijiazhuang Intermediate People's Court filed a case in 2003, and the criminal judgment of the first instance was "(2003) Shi Fa Hang Zi ChuNo. 15". The last word of the case number should be consistent with each line of the text, and there should be a blank line above and below.
3. Public prosecution organs and participants in litigation.
(1) Public prosecution cases shall be listed in the public prosecution organ first. That is to say, "the public prosecution organ ××× People's Procuratorate." No more prosecutors.
(2) In cases of private prosecution, the private prosecutor should be listed in the first place. That is to say, "private prosecutor ××× ...". The name, sex, date of birth, nationality, place of birth, education level, occupation or work unit, position and address of the private prosecutor shall be stated in turn. If there are several private prosecutors, they shall be listed in turn.
(3) Basic information of the defendant. After the public prosecution agency or private prosecutor, it shall specify the basic information of the defendant and the name of the defendant (previous name, alias, pen name, etc.). It should be stated in turn, and foreigners should indicate nationality, English translation and passport number), gender, date of birth, nationality, birthplace, education level, occupation or work unit, position and address. Whether you have a criminal record, when you were detained, arrested and where you were detained. For minor defendants, the date of birth must be listed. Criminal record mainly refers to whether the defendant has been punished in the past and whether he has received reeducation through labor. When, for what crime and what punishment should be stipulated.
If the defendant is an organ, organization, enterprise or institution, it shall be listed in two levels. First, write down "Defendant Unit ×××, ……………………………………". The name and address of the defendant's unit shall be stated. Then write down the name and position of its litigation representative on a separate line. If it is necessary to investigate the criminal responsibility of the person directly responsible, it shall be written as the defendant after the unit to which it belongs. If the person directly responsible is its legal representative or principal responsible person, the court shall request the people's procuratorate to determine the litigation representative of the unit separately.
In a case of private prosecution, if the other party counterclaims, it should indicate its counterclaim position in brackets after the title of the litigant, that is, it should be written as "private prosecutor (counterclaim defendant)" and "defendant (counterclaim private prosecutor)".
If there are multiple defendants in a case, they shall be arranged in the order of principal and accessory.
(4) Basic information of defenders.
If the defender is a lawyer, the name, work unit and position shall be stated. For example, "Defender XXX, lawyer of XXX Law Firm."
(2) If the defender is not a lawyer, but is recommended by a people's organization or the unit to which the defendant belongs, or is a close relative of the defendant, the name, gender, age, work unit, position and relationship with the defendant shall be stated. Specifically, for example, "Defender XX (gender) and XX (age) hold XX (position) in XX (company name), which is related to the defendant."
The defender shall be appointed by the court, and the title shall be "appointed defender".
(5) If a private prosecutor in a criminal private prosecution case, a victim in a public prosecution case and his legal representative or close relatives entrust an agent ad litem, the matters entrusted shall be recorded in the column of the second principal.
4. Causes of action
The cause of action shall specify the charges, the source of the case, the trial organization, the trial method and the trial process.
(1) Public prosecution case
① Where ordinary procedures are applicable, the expression is: "People's Procuratorate ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The case has now been heard. "
② Where summary procedure is applicable, The expression is: "People's Procuratorate ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Month * day * month * day * month * day * month * day * month * day * month * day * day * month * day * day * month * day * month * day * month * day * month * day * month * day.
(3) Where a unit commits a crime, it is expressed as: "People's Procuratorate ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(2) Private prosecution cases
A case of private prosecution should be expressed as: "the private prosecutor ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The case has now been heard. "
(3) Cases in which private prosecution and counterclaim are tried together.
Cases tried by private prosecution and counterclaim shall be expressed as: "the private prosecutor ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(2) Facts
The fact part should clarify the following four aspects:
1. Summarize the facts and evidence that the procuratorate accused the defendant of committing a crime, as well as the opinions or litigation requests of applicable laws. This part of the content is usually a natural paragraph, so it is important to summarize and avoid repetition.
2. State the defendant's confession, defense, relevant evidence and the defense points of the defender.
3, the facts confirmed by the judgment, that is, the facts ascertained by the trial. It usually begins with "discovery through experiment"
4. The factual evidence confirmed by proof and cross-examination.
In the fact part of criminal judgment, first of all, we should summarize the facts and evidence that the procuratorate accused the defendant of committing a crime, as well as the opinions or litigation requests of applying the law. Then state the defendant's confession, defense and relevant evidence, as well as the defender's defense points and relevant evidence. This is an important reform of criminal trial. Its purpose is to highlight the key points of both the prosecution and the defense, so that the court can be more targeted when identifying facts, enumerating evidence and explaining the reasons for the judgment. At the same time, it is also to increase the transparency of the judgment, protect the litigation rights of both the prosecution and the defense, and reflect the characteristics of the trial mode of combining prosecution and defense and the openness, objectivity and comprehensiveness of the judgment documents.
This part should explain in detail the facts, circumstances and evidence identified by the court. If the prosecution and the defense disagree with the facts, circumstances and evidence, they should make targeted analysis and argumentation. It is necessary not only to list the evidence, but also to analyze and demonstrate the main evidence to prove that the facts identified in this judgment are correct. In the Supreme People's Court's style of writing, it is particularly emphasized that we should resolutely change the formulaic way of replacing the concrete evidence of identifying criminal facts with the empty rhetoric of "irrefutable evidence". For example, "the above facts and evidence are indeed sufficient, and the defendant also has a confession, which is enough to confirm." This formulaic writing lacks the analysis of evidence, which makes the judgment argument weak. Therefore, in the process of document writing, we should not only enumerate the evidence, but also analyze and identify it.
When describing the facts of a crime, it should be clearly stated that its factual elements include the time, place, motive, purpose, means, plot and result of the crime. For the time of committing a crime, be specific and accurate, usually write down the year, month, day and time. The location of the crime should be accurate. The criminal motive must be recognized as "the internal reason to promote the crime of criminals". The purpose of a crime must be "the external result that the criminal wants to achieve in his mental state". Criminal means refers to the ways and means of committing criminal acts. The circumstances of a crime shall specify the situation and changes in each stage of the crime. The result of a crime should show the basic state of the harmful consequences of the crime to society, and should reflect whether the harmful consequences of the crime are serious, very serious or particularly serious.
(3) reasons
The reason is the soul of the judgment, and it is the link that organically connects the facts of the case with the judgment result. Explaining the reasons must be based on the facts identified in the judgment and the provisions of the criminal law and criminal procedure law, and provide a basis for the judgment.
The reason part shall specify the following contents:
1, the cost has been determined. According to the verified facts and circumstances, according to the criminal characteristics stipulated in the Specific Provisions of the Criminal Law and the Provisions of the Supreme People's Court on Several Convictions in the Implementation of the Criminal Law of People's Republic of China (PRC), and according to the infringed direct object (non-similar object), the defendant's charges should be determined. If a person commits several crimes, he should be convicted of a felony first and then a misdemeanor. * * * In cases of joint crime and group crime, the charges of the principal and the accessory shall be determined in turn on the premise of distinguishing the position, role and criminal responsibility of each defendant in the crime. If the charges determined by the court are inconsistent with those determined by the public security organ or the people's procuratorate, it shall be reasonably analyzed and explained.
2. The main arguments held by the prosecution and the defense and their reasons must be analyzed and demonstrated according to the ascertained facts, evidence and relevant laws and regulations. Explain whether the defendant has committed a crime and what crime he has committed, and should be lenient and strict.
3. The opinions and reasons of the prosecution and the defense on the application of the law shall be analyzed, adopted or refuted.
4. Clarify the legal provisions on which the judgment is based. The quoted legal provisions must be specific and complete, and arranged in an orderly manner. Usually, the provisions of conviction and sentencing are cited first, and then the provisions of heavier, lighter, mitigated or exempted punishment are cited; Quote the provisions of the principal punishment first, and then the provisions of the supplementary punishment; Wait a minute. All legal names cited shall be full names.
(4) Judgment result
1, stating the verdict in several cases:
(1) Conviction and sentence, expressed as:
"1. The defendant ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(The term of imprisonment shall be counted from the date of execution of the judgment. If the person is detained before the execution of the judgment, the detention 1 day shall be reduced to imprisonment 1 day. That is, from XX to XX, from XX to XX to XX, from XX to XX to XX, from XX to XX to XX, from XX to XX to XX, from XX to XX, from XX to XX, from XX to XX, from XX to XX, from XX to XX to XX.
Second, the defendant XXX (specify the decision to recover, return or confiscate the property, as well as the type and amount of these properties. Don't write without this item. "
(2) If convicted and exempted from punishment, it means:
"The defendant ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(3) If a unit crime is sentenced, it is expressed as:
"1. The defendant unit ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Two. Defendant ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(The term of imprisonment shall be counted from the date of execution of the judgment. If the person is detained before the execution of the judgment, the detention 1 day shall be reduced to imprisonment 1 day. That is, from XX to XX, from XX to XX to XX, from XX to XX to XX, from XX to XX to XX, from XX to XX to XX, from XX to XX, from XX to XX, from XX to XX, from XX to XX, from XX to XX to XX.
If there is recovery, restitution, return to the victim or confiscation of property, it shall be stated in the following items of the above items.
(4) If the unit is exempted from punishment, it means:
"1. Defendant unit ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
2. The defendant ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
If there is recovery, restitution, return to the victim or confiscation of property, it shall be stated in the following items of the above items.
2. Problems that should be paid attention to when making judgment results.
(1) The full name of various punishments prescribed by law. For example, "sentenced to death, suspended for two years." Neither "reeducation through labor" can be added, nor can it be abbreviated as "reprieve of death sentence".
(2) In the case of fixed-term imprisonment, the type of punishment, the method of offsetting the sentence and the principal punishment, and the starting and ending time shall be clearly stated. For those sentenced to death with a two-year suspension of execution, the starting and ending time is expressed as: "The period of two-year suspension of execution of death penalty shall be counted from the date of approval by the Higher People's Court." Sentenced to public surveillance, expressed as: "The term of imprisonment shall be counted from the date of execution of the judgment. If the person is detained before the execution of the judgment, the detention 1 day shall be reduced to imprisonment 1 day. That is, from year month day to year month day.
(3) The name, type and amount of the recovered, returned or confiscated property shall be clearly stated. If the number is large, it can be summarized in the judgment result and listed separately as an annex to the judgment.
(4) If several crimes are punished concurrently, they shall be convicted and sentenced separately, and then the execution period shall be decided in accordance with the provisions of Section 4 of Chapter IV of the General Principles of Criminal Law.
(5) If there are more than one person in a case, they shall be ranked according to the severity of guilt, or sentenced according to the severity of punishment.
(5) Tail
1, explain the right of appeal. Specifically, it can be expressed as: "If you refuse to accept this judgment, you can directly appeal to the people's court through our court within ××× days from the second day of receiving the judgment. If you appeal in writing, you should submit the original appeal 1 copy and x copies. "
If the provisions of the second paragraph of Article 63 of the Criminal Law are applied and a penalty is imposed below the statutory penalty, a new line shall be written after the confession of the right to appeal: "This judgment shall take effect after being submitted to the Supreme People's Court for approval according to law."
2. Signature of collegiate bench members (or judges).
3, the date of judgment, and stamped with the seal of the people's court.
4. Signature of the clerk. There is a production date at the bottom, which is signed by the clerk.
After the original judgment is made, the clerk shall, after proofreading the original judgment, affix the seal "This copy is the same as the original" on the lower left of the date of the last page of the original and the upper left of the clerk's signature.
The style of guilty verdict in criminal first instance
Xxxx people's court
criminal judgement
(ordinary procedures shall be applied to the trial of first-instance public prosecution cases)
(××××××) The number of ×× at the beginning of the punishment.
Public prosecution organ ××××× People's Procuratorate.
Defendant ..... (state name, sex, date of birth, nationality, native place, occupation or work unit and position, address, compulsory measures taken due to this case, etc.). , where is it now).
Advocates ..... (specify name, gender, work unit and position).
The People's Procuratorate accused the defendant XXX of the crime of XXX, and the chief procurator (or member) of the People's Procuratorate appeared in court to support the public prosecution. The victim XXX and his legal representative XXX, the litigation agent XXX, the defendant XXX and his legal representative XXX, the defender XXX and the witness XXX attended the proceedings. The case has now been closed.
..... (first outline the basic contents of the accusation of the procuratorate, and then specify the confession and defense of the defendant and the defense points of the defender).
Find out through trial that ... (Write down the facts, circumstances and evidence found by the court in detail. If the prosecution and the defense disagree with the facts, circumstances and evidence, they should analyze and deny them. Here, we should not only list the evidence, but also prove that the facts identified in this judgment are correct through the analysis and demonstration of the main evidence. We should resolutely change the empty word "irrefutable evidence is like a mountain" to replace the formulaic writing of concrete evidence to identify criminal facts.
We believe that ..... [According to the verified facts, circumstances and legal provisions, we should demonstrate whether the defendant committed a crime and what crime he committed (if there are more than one person in a case, we should also distinguish the status, role and criminal responsibility of each defendant), and we should combine leniency with severity. The opinions and reasons of the prosecution and the defense on the application of the law should be analyzed, adopted or refuted. According to the provisions of ... (specify the legal provisions on which the judgment is based), the judgment is as follows:
..... [state the judgment. There are three situations:
First, conviction and sentence, expressed as:
"1. Defendant ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(The term of imprisonment shall be counted from the date of execution of the judgment. If the person is detained before the execution of the judgment, the detention 1 day shall be reduced to imprisonment 1 day. That is, from XX to XX, from XX to XX to XX, from XX to XX to XX, from XX to XX to XX, from XX to XX to XX, from XX to XX, from XX to XX, from XX to XX, from XX to XX, from XX to XX to XX.
Second, the defendant XXX (specify the decision to recover, return or confiscate the property, as well as the type and amount of these properties. Don't write without this item. "
2. The expression of conviction and exemption from punishment is: the defendant ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Third, if the defendant is innocent, it is expressed as: "The defendant is innocent." 〕
If you refuse to accept this judgment, you can appeal to the people's court directly or through our court within ××× days from the second day of receiving the judgment. In case of written appeal, one original and x copies of the appeal shall be submitted.
presiding judge
Judge XXX
Judge XXX
* * * * Year * * Month * * Day
(Seal of Institute)
This document is the same as the original check.
Staff ××××××