Article 129 of China's criminal procedure law stipulates: "When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion, and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence." This is the legal basis for the prosecution opinion.
Public prosecution opinions play an important role in criminal proceedings. It is the most essential summary of the pre-trial results of case investigation, an important basis for public prosecution and case trial, and also provides a basis for legal supervision organs to supervise investigation activities.
The structure of the prosecution opinion consists of the following three parts:
First of all, the first part
Write the following contents in turn: 1. Title. In the middle of the top of the document, it consists of the name of the organization+language, divided into two lines. 2. number. The lower right of the title consists of the power of attorney of the public security organ, the abbreviation of the procedural document, the year and the serial number of the case. Gong Yuqi Zi [Year]No. X ". 3. The basic information of the criminal suspect and his illegal and criminal experience. Name, gender, date of birth, nationality, place of origin, education level, work unit, occupation and address of the criminal suspect. And whether he has been criminally punished, whether he has been reeducated through labor, when and why; Whether or not to detain, if detained, the time of detention and arrest and the place of detention shall be stated separately. * * * When several suspects in the same criminal case should be investigated for criminal responsibility,
The criminal experience of a criminal suspect shall be described separately, and arranged in the order of principal offender, principal offender, accessory and accessory. If a unit commits a crime, it shall specify the name and address of the unit, the name, gender and position of the legal representative. 4. Interlanguage. After the above content is written, in order to introduce the following, a new line is written with a fixed period as follows: "After the investigation by our bureau, it is confirmed that the criminal suspect XXX has the following criminal facts."
Second, the text
This part of the content is the focus of the writing of the prosecution opinion, and it is necessary to write clearly the facts of the crime and the reasons and legal basis for the prosecution opinion. 1. Criminal facts. The narrative of the criminal facts of the criminal suspect shall list all the criminal processes that have been identified, including the time, place, motivation, purpose, methods and means, criminal behavior, results, evidence that needs to be proved, etc. Its content must be the facts within the scope of this prosecution, draw a clear line between crime and non-crime, and do not mix non-crime materials. If it is an accomplice of * * *,
It is necessary to clarify the nature, purpose, time, place and number of members of joint crime, as well as the respective position, role and specific legal responsibility of each criminal suspect in the case. In a word, neither the suspects nor the criminal facts can be omitted, and we can't sell ourselves short. The expression of the main criminal evidence to confirm the criminal facts requires the statement of basic or main evidence. Citation should be concrete, accurate, objective and true, which should not only be closely related to the case, but also reflect the continuity of evidence. Generally, the criminal facts are written first, and then the evidence is listed. Evidence can also be embedded in facts to enhance the reliability of facts. 2. Reasons and legal basis for bringing a lawsuit. This part of the content should be written according to the criminal facts and the corresponding legal provisions, explaining the criminal nature of the criminal suspect, that is, violating the specific provisions of China's criminal law, and at the same time explaining that according to the provisions of Article 129 of China's Criminal Procedure Law, this case is specially transferred for review and prosecution according to law. If several suspects in a joint crime case are prosecuted, they may jointly write a prosecution opinion and put forward their prosecution opinions respectively.
Third, the tail
First, state the name of the recipient. Then it will be issued by the public security bureau chief at or above the county level and deployed at the end of the document.
Name and seal. The date of issuance of the document shall be signed by the director and stamped with the official seal of the Public Security Bureau. Finally, write the attached items in the lower left corner. If the suspect is currently in custody; The number of pages, evidence, name, quantity and storage place of the stolen goods in the pre-trial file of this case; The name, occupation and address of the witness; Name, position, unit and address of the appraiser.