Indictment production instructions

1. The format of the above-mentioned indictment is for the people's procuratorates at all levels to use the accused in the public prosecution case to file a public prosecution with the people's court and file an incidental civil action.
2. The first, second and third formats listed above are composed of the basic situation of the first and the defendant, the case and the review process of the case, the facts of the case, the evidence, the requirements and basis of the prosecution, and the seven parts of the tail.
capital
1. Name of the People's Procuratorate: In addition to the Supreme People's Procuratorate, the names of the provinces should be clearly stated before the names of the local people's procuratorates; when the public prosecutions are filed in foreign-related cases, the names of the people's procuratorates at all levels should be marked with the words "People's Republic of China".
2. Document number: It consists of the abbreviation of the People's Procuratorate that produces the indictment, the nature of the case, the year of prosecution, and the sequence number of the case. Among them, the year must be expressed in four digits. The symbol number is written at the far right of the line, with a blank line up and down.
Basic situation of the defendant
1. The basic situation of the defendant and the defendant unit shall be described in the order of the elements listed in the format.
2. If the accused has an alias, pseudonym or nickname related to the case, it shall be indicated in brackets after the name; if the defendant is a foreigner, the foreign name shall be indicated in brackets after the Chinese translation.
3. The date of birth of the accused shall generally be based on the Gregorian calendar. In addition to minors, if you do not know the date of birth, you can also indicate the age.
4. If the identity card has not been processed, it shall be indicated.
5. The address of the defendant should be written in the place of residence of the defendant, but when it is inconsistent with the “place of residence registration”, the address of the household registration must be indicated in brackets.
6. When the accused is a foreigner, the nationality, passport number, and foreign residence should be indicated.
7. If the defendant has been subjected to administrative punishment or criminal punishment, it shall be stated in the indictment, wherein the administrative penalty is limited to the circumstances related to the conviction. Generally, you should write the case of administrative punishment first, and then write the case of criminal punishment. When writing administrative punishments, the time, type, and punishment unit of the punishment shall be indicated; when criminal punishment is written, the time, reason, type, decision authority, and release time of the punishment shall be indicated.
8. The description of the situation of taking coercive measures must indicate the cause, type, authority and time of approval or decision, the organ and time of execution. Those who have taken various enforcement measures shall be separately written in the order of execution time.
9. If there are more than two defendants in the same case, they shall be written in the order of the relationship between the principal and the slave.
The case and the review process of the case are described in accordance with the requirements of the format according to the different circumstances of the case. When writing back the supplementary investigation and extending the period of examination and prosecution, the date and reason should be indicated.
The factual part of the facts of the case is the focus of the indictment. To describe the facts of the case, the following points should be noted:
1. All the facts of the crimes alleged in the indictment, whether one person, one sin, one person, one sin, one person, more crimes, more crimes, must be enumerated one by one.
2. The facts of the case should be described in a reasonable order. Generally speaking, according to the chronological order; if a person is guilty, he should be described in the order of the various crimes, placing the felony in the front and putting the second sin and the misdemeanor behind; if many people are guilty, they should follow the principal, the accomplice or the felony. The sequence of misdemeanor narration highlights the principal and felony.
3. When describing the facts of a case, it is possible to adopt a corresponding expression according to the different circumstances of the facts of the case. The following principles should be grasped:
For major cases, cases with greater influence, and cases directly inspected by the procuratorial organ for investigation, it is necessary to specify in detail the time and place of the specific criminal facts, the course, the means, the purpose, the motives, the harmful consequences and the defendant case. Post-issuance performance and confession attitudes, in particular, should be the key elements of the elements of crime or related to conviction and sentencing. It is necessary to avoid omissions and avoid writing indictments with no evidence or insufficient evidence, and matters unrelated to conviction and sentencing, so that the level is clear and focused.
In general criminal cases, the facts of the case should usually be specified in detail. However, for the facts of the cases in which the crimes are the same, but the criminal means and the consequences are the same, the same plot can be summarized first, and then each one is listed one by one. The specific time, results, etc. of the facts, without having to elaborate on the process of each criminal fact.
4. In the case of a joint criminal in a joint criminal case, the words "handling the case" shall be written afterwards.
The evidence should indicate the name and type of the main evidence in the indictment, but it is not necessary to conduct a specific analysis and argumentation on the relationship between the evidence and the facts, evidence and evidence. The "primary evidence" refers to the evidence stipulated in Article 283 of the Criminal Procedure Rules of the People's Procuratorate. When writing evidence, it is generally necessary to adopt the "one thing one card" approach, that is, after each fact of the case, the main evidence on which it is based is written. For general criminal cases with multiple crimes, if the facts of the case are generalized, the narrative of the evidence can also adopt the method of “one crime, one syndrome”, that is, after the crime, the types of the main evidence are summarized, instead of Identify evidence of the facts of each case.
Prosecution requirements and basis
1. The nature of the behavior, the degree of harm, and the seriousness of the plot should be summed up in combination with the various elements of the crime, highlighting the characteristics of this crime, and the language should be refined and accurate.
2. The reference to the legal provisions shall be accurate, complete and specific, and the articles, paragraphs and items shall be written.
3. Cases applying simple procedures shall follow the following principles for the determination of the sentencing circumstances: for those laws that have different weights and different laws, they shall be identified in the indictment. For discretionary criminal circumstances, it is possible to decide whether to make a determination in the indictment from the perspective of facilitating the court to support public prosecution according to the specific circumstances of the case.
4. Cases applying ordinary procedures may be objectively expressed after the facts of the case for facts involving the circumstances of the sentence.
Tail
1. The indictment should be specifically responsible for the legal duties and names of the public prosecutor.
2. The date of the indictment is the date on which the indictment is issued.
3. When a natural person commits a crime or a unit crime coexists, when describing the defendant unit or the defendant, the defendant's unit, the legal representative and the defendant who belongs to the responsible person should be described first, and then the general natural person defendant's situation is described. At the same time, in the reasons and basis of the prosecution, it is also written in the order of the first unit crime and the post-natural person crime.