The indictment is applicable to criminal proceedings, and it is a legal document for the national judicial organs (people's procuratorates) to initiate public prosecution and criminal proceedings. The parties in the indictment are the prosecutor and the defendant. Indictment is applicable to civil and administrative litigation, and it is a legal document for different subjects (individuals, legal persons, other organizations or units) to start non-public prosecution procedures, including criminal private prosecution, civil indictment to start civil litigation and administrative indictment to start administrative litigation. The parties to the prosecution are the plaintiff and the defendant.
The indictment is a document made by the people's procuratorate when it directly accepts the investigation and termination of the case transferred to the people's court for examination and prosecution by the public security organ. After examination, it is considered that the defendant's criminal facts have been ascertained and the evidence is true and sufficient. He should be investigated for criminal responsibility according to law and bring a public prosecution to the people's court on behalf of the state.
The preparation of the indictment is the basis for the people's procuratorate to exercise the right of public prosecution, punish crimes and protect the people. Once served, it has legal effect, which indicates that the public prosecution case has entered the trial procedure, and its writing subject and format have special provisions. The title should be written in two lines, and the number should be written at the lower right of the title, which is very different from the format of the indictment. Therefore, when writing the title of the indictment, you must not be awkward.
Citizens, legal persons or other organizations shall submit a complaint to the people's court.
The indictment is a legal document that the people's procuratorate prosecutes the defendant to the people's court on behalf of the state in accordance with legal procedures. Because it is put forward as a public prosecutor, it is also called public prosecution. The indictment is a printed document. In addition to the first part, it is mainly three parts.
The contents of the complaint and the indictment are basically the same, and generally should include the following contents:
(1) Basic information of the parties. Citizens shall specify their name, gender, age, nationality, work unit, position, address and contact information; The legal person shall specify the full name, domicile, name and position of the legal representative, name and position of the entrusted agent, and the lawyer shall specify the law firm where he is located;
(2) Having specific and clear opinions;
(3) Having the facts and reasons on which the prosecution is based;
(4) Evidence and sources of evidence;
(5) The signature and seal of the parties and the date of signature.
Legal basis: Article 12 1 of the Civil Procedure Law of People's Republic of China (PRC) stipulates the following matters:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.