(a) the prosecution shall submit a complaint and submit a copy according to the number of opponents. The indictment mainly includes: the natural situation of the parties, the litigation request and the facts and reasons on which it is based, the evidence and its source, the name and address of the witness.
(2) If an individual files a lawsuit, submit a copy of the identity certificate; Where a unit files a lawsuit, it shall submit the business license, copy of organization code certificate and original identity certificate of the legal representative of the unit and the defendant unit.
(3) In litigation, individual industrial and commercial households take the operators registered in the business license as the parties. If there is a name, the name registered in the business license shall be the party concerned, but the basic information of the operator of the name shall be indicated at the same time. If the business operator registered in the business license is inconsistent with the actual operator, the registered operator and the actual operator are the same party.
(four) the prosecutor shall submit a copy of the relevant evidence (according to the size of A4 paper).
(five) the prosecutor shall submit the complaint and evidence materials to the window of the filing hall, and fill in the list of materials submitted for prosecution. Filing staff who meet the conditions for filing a case shall register and file a case, and send a Notice of Accepting a Case and a Notice of Prepaid Legal Fees. The public prosecutor shall pay the case acceptance fee within seven days after receiving the Notice of Prepaid Legal Fees. (6) If a public prosecutor needs to entrust an agent to represent him in litigation, he shall submit a power of attorney signed and sealed by the client, and the power of attorney shall specify the entrusted matters and authority. An agent ad litem shall also submit relevant materials to the people's court in accordance with the following provisions:
1. A lawyer shall submit the lawyer's practice certificate and the certification materials of the law firm.
2. Grassroots legal service workers shall submit the practice certificate of legal service workers, the letter of introduction issued by grassroots legal service and the certification materials that one party is located in this area.
3. The close relatives of the parties shall submit their identity documents and certificates of close relatives with the clients.
4. The staff members of the parties concerned shall submit their identity documents and proof materials of legal labor and personnel relations with the parties concerned.
5. Citizens recommended by the community or unit where the parties are located shall submit their identity documents, recommended materials and proof of the community or unit to which the parties belong.
6. Citizens recommended by relevant social organizations shall submit identity documents and certification materials that meet the requirements stipulated in Article 87 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC).
7. After the prosecutor pays the legal fees, he will submit the payment voucher to the filing court, and the filing court will enter the process.
8. After completing the above procedures, the prosecutor can inquire about the business court and the case undertaker through the touch screen of the filing hall, and can contact the business court for details.
Fraud cases belong to criminal public prosecution cases. According to the laws of China, the crime of fraud should be under the jurisdiction of public security organs and prosecuted by people's procuratorates. If the procuratorial organ thinks that criminal responsibility should be investigated, it will initiate a public prosecution. If it does not constitute the conditions for filing a criminal case, if the fraud is minor, it will be punished after investigation by the public security organ, and the victim may also file a civil lawsuit with the court, demanding to perform corresponding responsibilities and bear corresponding compensation.
If it involves criminal filing standards, you can't directly sue yourself. Only when the following two conditions are met can you sue yourself:
1. Notice of evidence non-filing issued by the Public Security Bureau or notice of evidence non-prosecution issued by the Procuratorate.
2. There is evidence to prove that the suspect cheated.
The crime of fraud refers to the act of defrauding a large amount of public and private property by deception for the purpose of illegal possession. Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail. Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in the Criminal Law. The level of economic development and public security in different areas of China is different. Therefore, the specific standards are determined by the higher people's courts and higher people's procuratorates of all provinces, municipalities directly under the Central Government and autonomous regions according to local conditions.
After the victim disposed of the property by fraudulent means, the actor obtained the property and damaged the victim's property. According to relevant regulations, it is a crime to defraud a large amount of public or private property. According to the relevant judicial interpretation, if the amount of fraud is large, it will start from 2000 yuan. But this does not mean that attempted fraud does not constitute a crime. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law.
Legal basis: Article 266 of the Criminal Law defrauds public or private property, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud.
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.