-
I'm a lawyer, and as you said, go to a local law firm and ask a lawyer to write it.
-
Legal analysis: The format of the civil complaint attached to the criminal case first lists the name of the procuratorate, indicates the case number, and indicates the defendant's name, gender, age, ethnicity, occupation, work unit and position, address, whether he is a defendant in a criminal case, etc. Civil litigation attached to criminal cases refers to litigation activities carried out by judicial organs in the course of criminal proceedings, while settling the criminal liability of the defendant, and incidentally resolving the issue of compensation for material losses caused by the defendant's criminal acts.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 99: People's courts, people's procuratorates, or public security organs shall release criminal suspects or defendants who have been subject to compulsory measures at the end of the statutory period, release them on guarantee pending further investigation, residential surveillance, or modify compulsory measures in accordance with law. Criminal suspects or defendants, their legally-designated persons, close relatives, or defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.
-
Analysis of the law: The format of the civil complaint attached to the criminal case first lists the name of the procuratorate, indicates the case number, and indicates the defendant's name, gender, age, ethnicity, occupation, work order location and position, address, whether he is a defendant in a criminal case, and so on. 1.
The name of the document, i.e., "Civil Complaint Attached to Criminal Case"; 2.The name, gender, date of birth, ethnicity, place of birth, education level, occupation or work unit, position, and address of the plaintiff in the attached civil lawsuit and the defendant in the attached civil lawsuit. 3.
litigation claims; Facts and Reasons; Evidence of loss, etc. 4.The name of the petition sent to the people's court, the number of copies of the attached civil complaint, the signature or seal of the plaintiff in the attached civil lawsuit, and the time when the petition was filed.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 46: Victims of public prosecution cases, their legally-designated ** persons or close relatives, and parties to attached civil litigation and their legally-designated ** persons, have the right to retain a litigant ** from the date on which the case is transferred for review for prosecution. The private prosecutor and his or her statutory ** person in a private prosecution case, and the parties to an attached civil lawsuit and their statutory ** person, have the right to entrust a litigant at any time. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the victim and his legally-designated ** person or their close relatives, and the parties to the attached civil case and their legally-designated ** person that they have the right to retain the litigant.
Within 3 days of accepting a private prosecution case, the people's court shall inform the private prosecutor and his legally-designated ** person, and that the parties to the attached civil litigation and their legally-designated ** person have the right to retain the litigant.
Article 231:Where defendants, private prosecutors, plaintiffs and defendants in attached civil litigation submit an appeal through the original people's court, the original people's court shall transfer the appeal petition to the people's court at the level above together with the case file and evidence within 3 days, and at the same time send a copy of the appeal petition to the people's procuratorate at the same level and the opposing party. Where defendants, private prosecutors, plaintiffs and defendants in attached civil litigation directly appeal to the second-instance trial court, the second-instance trial court shall send the appeal petition to the original people's court within 3 days and send it to the people's procuratorate at the same level and the opposing party.
-
Legal analysis: The civil indictment attached to the criminal case consists of the head, the main body and the tail. 1.
The first part shall indicate: (1) the name of the document, that is, "civil complaint attached to the criminal case"; (2) The name, gender, date of birth, ethnicity, place of birth, education level, occupation or work unit, position, and address of the plaintiff in the attached civil lawsuit and the defendant in the attached civil lawsuit. 2.
The main text shall clearly state: (1) Litigation claims: Litigation claims shall clearly state the items and specific amounts for which the defendant in the attached civil litigation is requested to pay compensation.
2) Facts and Reasons: The facts shall clearly state the circumstances in which the actual economic losses caused to the victim or the plaintiff in the attached civil lawsuit were caused by the defendant's criminal conduct. The reasons shall be based on the relevant legal provisions, and clearly state why the defendant in the attached civil litigation should bear civil liability.
3) Evidence to prove the loss, etc. Evidence proving losses shall be listed one by one, including the name, type of destruction and search, and **. 3.
The tail shall indicate: (1) the name sent to the people's court, 2) the number of copies of the attached civil complaint, 3) the signature or seal of the plaintiff in the attached civil lawsuit, and 4) the time when the petition was filed.
Legal basis: "Supreme People's Court Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China" Article 145: The requirements for initiating litigation in attached civil litigation are: (1) the prosecutor meets the legally-prescribed requirements; (2) There is a clear defendant; (3) There are specific demands, facts, and reasons for requesting compensation; (4) It is within the scope of the people's courts' acceptance of attached civil litigation.
-
Legal analysis: Appeals in civil cases include five parts: prosecution, case filing review, scheduling, trial, and judgment. The specific format of the lawsuit can be searched and viewed on the official website of the relevant court, or you can ask a lawyer**.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 2 The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties in exercising their procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, to hear civil cases in a timely manner, to confirm the relationship between civil rights and obligations, to sanction civil violations, to protect the lawful rights and interests of the parties, to educate citizens to consciously abide by the law, to maintain social and economic order, and to ensure the smooth progress of the cause of socialist construction.
-
What is the sample and format of the civil indictment attached to the criminal case? People's Procuratorate's Criminal Attached Civil Indictment Defendant No. 1 Defendant ......(Indicate name, gender, age, ethnicity, occupation, work unit and position, address, whether it is a defendant in a criminal case, etc.) (for the defendant unit, indicate the name of the unit, domicile, whether it is a criminal case defendant unit, the name and position of the legal representative, etc.) The victim's unit ......(Indicate the name of the unit, the nature of ownership, the place of residence, the name of the legal representative, the position, etc.) Litigation claims: ......Specify the specific claims) factual evidence and reasons:
Clearly state the facts of the crime that the procuratorate has reviewed and determined that caused the state or collective financial difficulties and the loss of production and the relevant evidence) This court finds ,......Summarize the reasons why the defendant should bear civil liability), according to ......(citing the legal provisions that the defendant shall bear civil liability), shall bear the liability for compensation. Since the defendant's above-mentioned acts constitute a crime and should be investigated for criminal responsibility in accordance with the law, this court has filed a public prosecution with your court in an indictment on xx-xx-xx. In accordance with the provisions of Article 77, Paragraph 2 of the Criminal Procedure Law of the People's Republic of China, an attached civil lawsuit is hereby initiated, and a judgment is requested in accordance with law.
Sincerely, Procurator of the People's Court: Year, Month, Date (Seal of the Court) Attached: 1
1 copy of the civil indictment attached to the criminal case. 2.Copies of the main evidence have been transferred.
3.Other matters that need to be noted. Does that make sense?
-
The format of the civil complaint attached to the criminal case first lists the name of the procuratorate, indicates the case number, and indicates the defendant's name, gender, age, ethnicity, occupation, work unit and position, address, whether he is a defendant in a criminal case, and so on. Civil litigation attached to criminal cases refers to litigation activities carried out by judicial organs in the course of criminal proceedings, while settling the criminal liability of the defendant, and incidentally resolving the issue of compensation for material losses caused by the defendant's criminal acts.
Article 99 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, or public security organs shall release, release on bail pending further investigation, place them under residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose statutory period for compulsory measures has expired. Criminal suspects or defendants and their legally-designated persons, close relatives or defenders have the right to request that the compulsory measures be lifted upon the expiration of the period for the people's courts, people's procuratorates, or public security organs to adopt compulsory measures.
Legal analysis: 1. The civil lawsuit attached to the criminal case shall be filed before the first-instance judgment is pronounced after the criminal case is filed. 2. In general, an attached civil lawsuit shall be filed, clearly stating the circumstances of the parties, the details of the case, and the specific litigation claims, and the corresponding evidence shall be submitted. >>>More
When appealing, the litigation fee is paid in advance by the party appealing, and generally the court of first instance will give you one from the provincial court, and you can directly put the money into this, and then take the receipt and hand over the appeal petition and other things to the court of first instance and wait for the notice of the provincial high court.
In fact, there is no need to file an incidental civil lawsuit, although the court does not charge a legal fee. It is recommended that the judge handling the case be contacted in a timely manner to learn about the progress of the case, and that when the court makes a judgment, it will be written in the judgment that "continue to recover the stolen goods that have not yet been returned, and return the victim XX after recovery", listen to the judge's suggestion, and may wait for the results of the recovery (including cash). But in this case, it is often difficult to recover, because if you want to have the money to buy a mobile phone, you will not rob it, and under this premise, whether you wait for recovery or file an attached civil lawsuit, it will be difficult to recover the loss, and I can only regret what happened to you.
Hello! I'm lawyer Zeng Qingli, and I'm currently the director of Juhang Law Firm in Shenzhen, and I'm happy to answer your legal questions. In response to your questions, our lawyer provides the following answers: >>>More
Suspects.
Code of Criminal Procedure >>>More