Write a criminal private prosecution, how to write a criminal private prosecution

I'm a senior in law school, and I'm writing a private criminal complaint based on your argument. Lack of experience, just for reference!! FYI!!

Criminal Private Prosecution (Center) Private Prosecutor: Li, female, born on the date of year, month, ethnicity, living in Room 115, Unit 1, 15th Floor, Fengyeyuan Community, Xincheng District, Provincial City. Defendant:

Wang, female, born on the date of birth (if you don't know the specific date of birth, you can write your age), family, living in Room 115, Unit 115, 15th Floor, Maple Leaf Garden Community, Xincheng District, Provincial City. Subject matter: Abuse Claim:

Wang was investigated for criminal responsibility in accordance with the law. (If there are other claims, you can write them) Facts and reasons: I Li live with my son Yu and daughter-in-law Wang, and live in Room 115, Unit 115, 15th Floor, Fengyeyuan Community, Xincheng District, Provincial City.

Wang often beat me and beat me to the point of being bedridden several times, and denied me medical treatment. On March 28, 2005, when I was cooking for Wang, I burned my foot, and instead of taking me to the hospital for treatment, Wang kicked and beat me. Neighbors heard my cry and rushed in to rescue me and take me to the hospital for examination.

The doctor diagnosed that two of my ribs had been kicked off. I was old, I had worked hard for my son and grandchildren all my life, and I was already enjoying my old age, but I never wanted to be abused for a long time. Ignoring the fact that I am very old, that I have been abused for a long time, and that I have broken my ribs, I believe that Wang's behavior has constituted abuse of family members, and the circumstances are heinous.

Hereby, I request the people's court to try Wang's conduct in accordance with the provisions of Article 260 of the Criminal Law of the People's Republic of China on the crime of maltreatment and in accordance with the provisions of Articles 170 and 171 of the Criminal Procedure Law of the People's Republic of China, so as to safeguard my lawful rights and interests. Primary Evidence and Evidence**: (1) Three copies of witness testimony; Testimony of Mr. and Mrs. Li in Room 111, Unit 1, 15th Floor of Maple Leaf Garden Community Testimony of Mr. and Mrs. He in Room 112 Testimony of Mr. and Mrs. Liu in Room 113 (2) Certificate of Injury issued by Physician Tang of the Hospital Sincerely, the People's Court of Xincheng District of the City Private Prosecutor:

Substitute Scribe Li: Year, Month and Date (Attached: a copy of this complaint).

Criminal Private Prosecution Private Prosecutor: Gender, Age, Ethnicity, Place of Origin, Work Unit, Address Defendant: Gender, Age, Ethnicity, Place of Origin, Work Unit, Address (If you don't know the specific date of birth, you can write your age) Cause of Action and Claim Facts and Reasons Main Evidence and Evidence**:

1 2 3 Sincerely, the People's Court Private Prosecutor: YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

According to the relevant laws and regulations of our country, a criminal private prosecution should be written in the following steps: first, write the title "Criminal Private Prosecution"; second, the basic information of the plaintiff, including name, gender, age, address, etc.; Third, the subject matter of the request is mainly the charge of the act of the accuser and the specific request submitted; Fourth, the facts and reasons, which clearly state the specific facts of the defendant's crime, including the time, place, means, and so forth, and where criminal responsibility is pursued[Legal basis].；Fifth, indicate the applicant and date; Sixth, Appendix.

Article 114 of the Criminal Law of the People's Republic of China: In private prosecution cases, victims have the right to file a lawsuit directly with the people's courts. Where the victim dies or loses the ability to roll the sails, the victim's legally-designated persons or close relatives have the right to file a lawsuit in the people's court. The people's court shall accept it in accordance with law.

The criminal private prosecution petition is mainly divided into three parts: the first part, the main body, and the last part: the first part mainly states the basic information of the parties to the private prosecution case, including the name, age, ethnicity, place of origin, education level, occupation, work unit, address, and other information of the private prosecutor and the defendant. If the private prosecutor entrusts a person to entertain the lawsuit, the relevant circumstances of the person in charge should also be clearly stated.

The main body is the core part of the criminal private prosecution, which mainly includes the following contents: (1) litigation claims; Specifically state the nature of the defendant's conduct infringing upon the lawful rights and interests of the private prosecutor and the charges constituted in law, and submit a specific request to the court to pursue the defendant's criminal responsibility. (2) The facts and reasons focus on the specific content of the defendant's criminal conduct, including the time, place, means, circumstances, and consequences of the criminal conduct, and cite the relevant provisions of the Criminal Law to demonstrate the nature of the defendant's crime and the criminal responsibility he should bear, and explain the legality of the private prosecutor's private prosecution.

3) In the evidence part, write down the evidence, the list of witnesses and their addresses one by one, so that the court can verify and verify them. At the end, the full name of the people's court receiving the lawsuit, the name of the private prosecutor, the time of the private prosecution, and the attached items are written in order.

[Legal basis].

Criminal Procedure Law of the People's Republic of China

Article 211:After the people's courts conduct a review of a private prosecution case, they are to handle it in accordance with the following distinct circumstances:

1) Where the facts of the crime are clear and there is sufficient evidence, the case shall be tried;

2) In private prosecution cases where there is a lack of criminal evidence, if the private prosecutor is unable to submit supplementary evidence, the private prosecutor shall be persuaded to withdraw the private prosecution, or a ruling shall be made to reject it.

Where a private prosecutor is summoned twice in accordance with law, but refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it is to be handled as a withdrawal of the lawsuit.

Where adjudicators have doubts about the evidence during the course of trial and need to investigate and verify, the provisions of article 196 of this law apply.

Legal Analysis: Write the title "Criminal Private Prosecution", the basic information of the original defendant, including name, gender, age and address, etc., and write the matters requested, mainly the charges against the defendant and the specific request submitted. Clearly state the facts and reasons, state the specific facts of the defendant's crime, including the time, place, means, etc., and the legal basis for pursuing criminal responsibility, and finally indicate the applicant and date.

Refers to the hidden. Legal basis: Criminal Procedure Law of the People's Republic of China

Article 114:In private prosecution cases, victims have the right to file a lawsuit directly with the people's court. Where the victim dies or loses capacity, the victim's legally-designated persons or close relatives have the right to file a lawsuit in the people's court. The people's court shall accept it in accordance with law.

Article 210:Private prosecution cases include the following cases: (1) cases handled only after complaints; (2) Minor criminal cases in which the victim has evidence to prove it; (3) Cases where the victim has evidence showing that the defendant's conduct violating their own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.

The criminal private prosecution appeal petition reads as follows: first, the appellant's name, gender, date of birth, ethnicity, place of origin and other basic personal information should be clearly written; Second, the document number of the first-instance judgment and the ruling of the Wu family, as well as the name of the first-instance people's court as received by the appellant, should be clearly written; In addition, the request and grounds for the appeal should be stated; Finally, the time when the appeal was filed should be indicated.

[Legal Skin and Basis].Article 300 of the Supreme People's Court's Interpretation on Application.

Appeal cases accepted by people's courts shall generally have the original and a copy of the appeal petition.

The content of the appeal petition shall include: the document number of the first-instance judgment or ruling, the time when the appellant received it, the name of the first-instance trial court, the request and reasons for the appeal, and the time when the appeal was raised. Where the defendant's defender or close relatives submit an appeal with the defendant's consent, their relationship with the defendant shall also be clearly stated, and the defendant shall be the appellant.