A complaint is generally divided into three parts: the header, the main body, and the tail.

(1) Header. The following matters should be stated in order:

1. The name of the document, namely "Criminal Complaint".

2. The identity of the accuser. Include the accuser’s name, gender, age, occupation, workplace and residence. If the accuser is a legal person or other organization, the name and address of the unit and the name and position of the legal representative or principal responsible person should be stated.

If there is an entrusted agent, the identity of the entrusted agent should be stated.

3. The identity of the accused is basically the same as the matter of the accuser.

(2) Text. It is the main part of the criminal complaint, including the request for accusation and the factual reasons.

1. Request for prosecution. The main purpose is to request the public prosecutors and judicial organs to resolve specific matters in the dispute, that is, the purpose that the accuser wants to achieve through the accusation. The request for accusation should be clear, specific, legal and reasonable, and care should be taken not to omit any information.

2. The facts and reasons on which the complaint is based. The facts mentioned here are the specific criminal facts of the accused. The time, place, purpose, motivation, means, plot and results of the crime committed by the accused must be written in detail. This part must be written clearly and clearly to facilitate the people. Verified by the court.

The reason is to use the stated criminal facts of the accused as a basis to analyze the nature and circumstances of his crime and the loss or harm caused to himself, and clearly point out the specific criminal law violations violated by the defendant’s behavior. terms and charges, and restated the prosecution request.

(3) Tail. Write down in order: the name of the public prosecutor's office to which the document is sent, the signature and seal of the accuser, the time and the name of the attachment.

In practice, some people submit criminal complaints to the public security organs, and others directly submit them to the People's Court. According to the provisions of our Criminal Procedure Law, at this time, it is necessary to based on the actual jurisdiction of the case. regulations to determine to whom it should be submitted. If this book is a private prosecution case, it can be submitted to the People's Court. Of course, in most cases it will be submitted to the public security organ.

Extended information

In accordance with Article 85 of the Criminal Procedure Law, accusations may be made in written or oral form.

If it is an oral accusation, the reception staff should write it down and after it is read out correctly, it should be signed or sealed by the accuser. The staff member who accepts the accusation should inform the accuser that the accusation should be based on facts and should not make false accusations to frame others, and explain the legal liability for false accusations.

In accordance with the provisions of Article 86 of the Criminal Procedure Law, the people's court, people's procuratorate or public security organ shall promptly review the charging materials according to the jurisdiction and deem that there are criminal facts that require criminal liability. If it is believed that there are no criminal facts, or the criminal facts are obviously minor and there is no need to pursue criminal liability, the case shall not be filed and the accuser shall be notified of the reasons for not filing the case. If the accuser is dissatisfied, he may apply for reconsideration.

Baidu Encyclopedia_Criminal Procedure Law