Model text for the first instance private prosecut

2022-08-18
  • Detail

Model of criminal judgment (for private prosecution and counterclaim combined trial of first instance)

court litigation document style 5

×××× People's court

criminal judgment

(for the trial of private prosecution and counterclaim in the first instance)

( ×× Such as security and trade agreements, individual asylum or refugee status applications, etc ××)× Xing Chu Zi di ×× No.

private prosecutor (respondent)... (indicate name, sex, date of birth, nationality, native place, occupation or work unit, position, address, etc.)

entrusted agent (defender)... (indicate name, gender, work unit and position)

defendant (counterclaim)... (indicate name, sex, date of birth, nationality, native place, occupation or work unit, position, address, etc.)

defender (entrusted agent)... (indicate name, gender, work unit and position)

private prosecutor ××× As defendant ××× criminal ×× Bring a complaint to this court; After the court accepted it, the defendant ××× As a private prosecutor ××× criminal ×× The counterclaim of the crime can be established after examination. After the court accepts the case, a collegial panel (or a judge) shall be formed according to law ××× Sole trial), the public (or private) hearing of the case was conducted in a joint trial. Private prosecutor (avoid water leakage; respondent) ××× And its entrusted agent (defender) ×××、 Defendant (counterclaim) ××× And its defender (entrusted agent) ×××、 witness ××× Wait until the court to participate in the proceedings. The trial of this case has been concluded

... (first, outline the basic contents of the private prosecutor's complaint and request, then indicate the defendant's defense opinions, the main points of counterclaim and the respondent's defense, and then outline the main issues of the dispute between the two sides)

after the trial, it was found that... (specify the facts, circumstances and evidence recognized by the court. For the disputes about facts in the mutual prosecution and defense, the right and wrong should be clarified through the analysis of the main evidence to explain the correctness of the facts recognized in this judgment)

the court believes that... (based on the verified facts, circumstances and legal provisions, it is necessary to demonstrate whether the defendant or the respondent, or both of them, should be leniently or severely dealt with. The opinions and reasons on the application of law in the mutual prosecution and defense should be analytically adopted or refuted). According to the provisions of... (specify the legal terms on which the judgment is based), the judgment is as follows:

... [specify the judgment result and. There are three situations:

first, if the defendant constitutes a crime and the defendant is innocent, it is expressed as:

"first, the defendant ××× criminal ×× Crime,... (specify the sentence)

II. Respondent ××× Innocent. "

second, if the defendant is innocent and the counterclaim constitutes a crime, it is expressed as:

"first, the defendant ××× Innocence

II. Respondent ××× criminal ×× Crime,... (specify the sentence). "

third, if both parties constitute a crime, it is expressed as:

"first, the defendant ××× criminal ×× Crime,... (specify the sentence)

II. Respondent ××× criminal ×× Crime... (specify the sentence). "]

if you are not satisfied with this judgment, you can start from the second day after receiving the judgment ×× Within days, through our hospital or directly to ×××× The people's court appealed. In case of written appeal, an original and a copy of the appeal shall be submitted × Copies

presiding judge ×××

judge ×××

judge ×××

×××× year ×× month ×× Japanese

(hospital seal)

this document is verified to be the same as the original

clerk ×××

Copyright © 2011 JIN SHI