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 will have legal effect, which indicates that the public prosecution case has entered the trial procedure. There are special rules on the theme and format of writing. 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, we must not be careless.
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.
1, different concepts.
Prosecution: it is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case.
Public prosecution: It is a litigation activity in which the procuratorial organ decides to file a public prosecution in the people's court, appear in court to support the public prosecution, review the criminal judgment or decide not to prosecute a case that has been terminated by the investigation organ (investigation organ).
2. Different applicable groups
Prosecution: It is applicable to civil, administrative and criminal cases of private prosecution, and the subject of prosecution is individuals, judges and other organizations.
Public prosecution: especially criminal cases. The procuratorate files a lawsuit on behalf of the country, so it is called public prosecution, which represents the public's will.
3. The sources of cases are different.
Public prosecution: The case was prosecuted by the national public prosecution organ, namely the People's Procuratorate.
Prosecution: A case brought directly to the people's court by a citizen or individual who has been infringed by a criminal act or his legal representative, guardian or close relative.
4. Different activities
Public prosecution refers to the litigation activities in which the procuratorial organ decides to file a public prosecution with the people's court, appear in court to support the public prosecution, review the criminal judgment or decide not to prosecute the case that the investigation organ (investigation organ) has ended (investigation ended) and transferred it for examination and prosecution.
Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. The prosecution of criminal cases lies in asking the court to convict and sentence the defendant through trial; Bringing a criminal incidental civil action requires the court to investigate the defendant's economic compensation liability through trial.
5. Different locations
The prosecuting party must be a citizen or legal person who has the right to sue in a court with jurisdiction at night according to law. After reviewing the criminal case concluded by investigation, the People's Procuratorate of China confirms that the defendant's criminal facts are clear and the evidence is conclusive and sufficient, and shall be investigated for criminal responsibility according to law, that is, the procurator-general or prosecutor shall bring a public prosecution to the people's court on behalf of the state according to the jurisdiction of the trial.
6. Different subjects of rights
Public prosecution is the legal authority of China's procuratorial organs, which is independently exercised by the people's procuratorates and is not influenced by other organizations or individuals, nor does it depend on the will of the victims.
Civil actions incidental to criminal proceedings can be brought by the victim and his legal representative, or by the people's procuratorate and the infringed legal person.
Public prosecution means that the criminal suspect has violated the relevant laws, and the public security organ transfers it to the procuratorial organ to prosecute the criminal suspect, and then the court decides the new crime according to the relevant formal rules. Prosecution means that there is a certain dispute between the two sides of a civil dispute. If it cannot be resolved through consultation, then a court will make a relevant judgment.
legal provision
code of civil law
Article 1 19 Arrest summons, fines and detention must be approved by the president.
A subpoena should be issued.
Fines and detention shall be decided in writing. If you are not satisfied, you may apply to the people's court at the next higher level for reconsideration once. Execution shall not be suspended during reconsideration.