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Anonymous users2024-02-13A civil complaint attached to a criminal case is a legal document submitted to the people's court in the course of criminal proceedings by the victim who has suffered material losses as a result of the criminal defendant's criminal conduct, requesting civil compensation from the criminal defendant or other victims. According to articles 84 and 85 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China dated June 29, 1998, the organs or individuals with the right to initiate civil litigation attached to criminal cases are: victims (citizens, legal persons and other organizations) who have suffered material losses, close relatives of deceased victims, legally designated persons of victims who are incapacitated or have limited capacity, and people's procuratorates (in the case of state property or collective property that has suffered losses, When the unit that suffered losses does not initiate an attached civil lawsuit, the people's procuratorate may initiate an attached civil lawsuit at the time of initiating a public prosecution).
The organs or persons that are obliged to bear the liability for compensation in attached civil litigation are: criminal defendants (citizens, legal persons, and other organizations) and other joint victims who have not been pursued for criminal responsibility, guardians of juvenile criminal defendants, heirs of the estates of convicts who have been executed, heirs of the estates of defendants who have died before the conclusion of trial before the conclusion of the case in joint criminal cases, and other units and individuals that shall bear civil liability for the criminal defendants' criminal acts in accordance with law. In addition, according to Article 91 of the Interpretation, an attached civil lawsuit shall generally be filed with an attached civil complaint.
Where it is truly difficult to write a complaint, a lawsuit may be filed orally. Adjudicators shall question the plaintiff's oral claims in detail, make a record, read it to the plaintiff, and after the plaintiff confirms that it is correct, they shall sign or affix a seal.
The basic contents include: (1) the natural circumstances of the plaintiff and defendant in the attached civil lawsuit. This includes basic information such as the name, gender, age, ethnicity, place of origin, occupation or workplace, position, and address of the plaintiff and defendant.
If it is a unit or legal person, the name of the unit, the legal representative, and the address should be indicated. **The lawyer should clearly state his or her name and the name of the law firm he or she works for. (2) Specific litigation claims.
It is mainly based on the scope and size of the material losses caused by the criminal acts to put forward specific litigation requirements. When writing a claim, it should be clearly organized, have a legal basis, and not do what you want. (3) Basic facts and reasons.
In this part, the writer should write in detail the causes of his or her material loss, that is, the causal relationship between the criminal act and the process of its infringement and the consequences of the material loss. Key facts and circumstances must not be stingy or simply omitted. This section is the core of the civil complaint attached to the criminal case.
Because a civil action attached to a criminal case is essentially a transplantation of a civil action into a criminal lawsuit, the plaintiff bears a full burden of proof. This burden of proof is manifested in the filing of an attached civil lawsuit, that is, to state the relevant evidence in the complaint, including the name of the evidence, **, the name of the witness, and the address. (6) Supplementary items.
The main thing is to state the number of copies of the pleadings.
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Anonymous users2024-02-12There is no need to write an analysis of the evidence in the complaint, but it is sufficient to write clearly the facts and reasons, and attach the text of the evidence. As for the content and content of the proof, it is generally sufficient to explain it during the cross-examination of evidence or the investigation in court.
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Anonymous users2024-02-11Write according to the specific facts of the case, if you can't write it, it is recommended to entrust a lawyer**.
Interpretation of the Supreme People's Court 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.
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Anonymous users2024-02-10On the issue of how to write a civil complaint attached to a criminal case, the content of the prosecution of a civil lawsuit attached to a criminal case must include:
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.
In cases of joint crimes, where the co-defendants are at large, they should not be listed as defendants in attached civil litigation. After the escaped co-offender is brought into the case, the victim or his legally-designated ** person or close relatives may raise an attached civil lawsuit against him, except where he has already received full compensation from the other co-offenders. Attached civil litigation shall be promptly initiated after the criminal case is filed.
An attached civil lawsuit shall be filed.
Legal basis: In accordance with the relevant provisions of Articles 36, 37 and 64 of the Criminal Law and Article 77 of the Criminal Procedure Law, the following provisions are hereby made on the scope of civil litigation attached to criminal cases:
Where the victim has suffered mental harm as a result of the criminal conduct and the attached civil lawsuit is raised, the people's court will not accept it.
Article 2: Material losses suffered by victims as a result of criminal conduct refer to the actual losses already suffered by victims as a result of criminal conduct.
inevitable losses.
Article 3: Where, after hearing an attached civil litigation case, it is ascertained that the defendant truly has no property available for enforcement, after making a judgment in accordance with law, it shall rule to suspend or terminate enforcement.
Article 4: Where the defendant has already compensated the victim for material losses, the people's court may consider it as a sentencing circumstance.
Article 5: Where criminals illegally occupy or dispose of victims' property and cause them to suffer material losses, the people's courts shall recover it or order restitution in accordance with law. The people's courts may consider the circumstances of recovery or restitution as sentencing circumstances.
Where the losses cannot be made up after recovery or restitution, and the victim separately raises a civil lawsuit in the civil division of the people's court, the people's court may accept it.
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Anonymous users2024-02-09Analysis of the Law of Law Searching: Sample: The basic information, litigation claims, facts and reasons of the plaintiff and defendant shall be clearly stated.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 101 Where the victim suffers material losses as a result of the criminal conduct of the defendant, he has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.
If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.
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Anonymous users2024-02-08According to Article 155 of the Judicial Interpretation of the Criminal Procedure Law of the Supreme People's Court, the scope and standard of compensation for civil cases attached to criminal cases are:
1. Personal injury compensation.
1) Medical expenses: according to the actual expenses incurred, to the extent that physical damage is necessary from a medical point of view, excluding the expenses incurred due to plastic surgery and ****.
2) Lost work expenses: The actual deduction of the victim's work unit is limited, and the size is not higher than three times the average local living standard.
3) Nursing expenses: refers to the actual expenses of nursing staff according to the needs of medical treatment. It is limited to no more than the actual income of the hospital nursing staff.
4) Transportation expenses: limited to necessary and actual expenses.
5) Hospitalization food subsidy: calculated according to the standard of food subsidy for business trips of general staff of local state agencies.
I'm a lawyer, and as you said, go to a local law firm and ask a lawyer to write it.
Defendant: It's more advantageous to write about that company. >>>More
Article 108 (3) of the Civil Procedure Law stipulates that "there are specific claims" refers to the claims of substantive rights raised by the plaintiff, which must be specific and definable in terms of content and scope, otherwise it will be of no practical significance, and the people's court will not be able to hear and make a judgment on the case. >>>More
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.
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