The Report on the Conclusion of the Review of Criminal Complaints needs to be carefully studied

The Provisions of the People's Procuratorate on Handling Criminal Appeal Cases was promulgated and implemented on September 22, 2020, and Mr. Wu wrote with reference to the elements of the document in the process of preparing the appeal. In order to help friends in need to write reasonable and well-founded materials, the format of the documents handled by the procuratorial organs in handling appeal cases is specially sorted out and provided to everyone for reference, and the facts and reasons for their appeals can be sorted out according to the requirements, so as not to write a thousand words and digress from the topic. It is equivalent to a "program", which is very broad, which helps case-handling personnel to obtain useful case information from appeal materials in a timely manner and make targeted legal determinations.

Complaint

Report on the Conclusion of the Review of xxx Appeals

1. The complainant's basic situation and relationship with the original case

The complainant... (Indicate the complainant's name, gender, date of birth, ethnicity, education level, work unit, position, address, etc., and the complainant's litigation status in the original case or the relationship with the parties to the original case)

(Where the complainant retains a lawyer to represent the appeal, the basic circumstances of the retained agent shall be stated)

(Where the complainant is a victim, or a legally-designated representative, a close relative, or there are other defendants in the original case, the basic circumstances of the defendant, the person being disposed of, or other defendants in the original case shall be indicated))

II. The source of the case, the process of handling the appeal, and the reasons for the appeal

The complainant ××× dissatisfied××× people's court or people's procuratorate ... Submit an appeal against a criminal judgment, ruling, or decision. (Indicate the process of handling the appeal.) For those who have been handled many times, the complainant shall write down the process and conclusion of each handling) the complainant is still dissatisfied ××× and submits an appeal to our hospital.

The grounds for appeal are... (The grounds for appeal should be sorted out and summarized.) Where there are more reasons, itemize them. ）

III. The litigation process of the original case, the determination of facts, and the application of law (Lawyer Wu's note: It is necessary to sort out clearly for the case-handling personnel, do not be verbose)

Indicate the brief litigation process of the original case, the facts identified in the original judgment, ruling or disposition decision, and the applicable law. Where the original case has been handled multiple times, it shall be stated separately, and if the facts are determined to be consistent, a brief summary may be given.

4. Review the facts and evidence ascertained

This section is the focus of the review final report and should include the following:

(1) Review the brief process

Briefly describe matters such as reviewing appeal materials, reading the case file, hearing the opinions of the complainant and his retained lawyer, investigating and questioning relevant personnel, and interrogating the defendant in the original trial.

(2) Review the facts ascertained

Write down the facts of the case determined after the above-mentioned review work.

(3) Evidence of the determination of the above facts and analysis and demonstration of the evidence

1． Citation of evidence

The facts found in the review shall be supported by evidence. The undertaker should sort out the evidence in the whole case, focusing on the review and determination of the facts to list the evidence. Depending on the specific circumstances of different cases, the manner in which evidence is listed may vary, but it should be objective and comprehensive. Where the facts found in the review are inconsistent with the facts determined in the original case, on the basis of fully enumerating the relevant evidence for the review and determination of the facts, the evidence accepted for the facts determined in the original case, as well as the evidence not accepted in some cases, shall also be listed. Each piece of evidence should be followed by a summary of what the evidence proves, the consistency and contradictions with other evidence, and other problems that exist. The order in which evidence is listed is based on the principles of case cracking and case development; objective evidence first, subjective evidence later; victim statements and witness testimony first, and then criminal suspects' confessions and defenses. Special circumstances, the undertaker can be flexible to grasp.

2． Analysis and argumentation of evidence (Wu Shizhu's note: this is the core issue)

The analysis and demonstration of evidence may be described on the basis of the specific circumstances of the case, and combined with the existing problems, a comprehensive analysis and demonstration of the probative force, objectivity, legality, and correlation between the evidence listed are conducted, so as to draw a conclusion on whether the evidence system of the original case is perfect and whether the evidence is sufficient. Where the facts are clear and the objective evidence is solid, it can be abbreviated or not written. For those who mainly rely on verbal evidence or indirect evidence to determine the case, it should be written in detail, and on the basis of determining and analyzing the contradiction points, correlation points, and blank spots, elaborate on whether the conclusive evidence can form a complete chain and draw conclusions that can eliminate reasonable doubts. Where a criminal suspect retracts a confession, analyze the content of the retracted confession, the reasons for the retraction, and whether the retraction is reasonable, and make a conclusion; for evidence that is defective or flawed in areas such as extraction, fixing evidence, or judicial appraisal, on the basis of analysis and argumentation, draw a conclusion as to whether it affects the use of evidence and the determination of facts.

(4) On the reasons for the complainant's appeal (see Lawyer Wu's explanation of "reasons" in the micro-headlines)

On the basis of the facts determined by the review, the evidence in the case, and the provisions of the law, the complainant's reasons for appeal are analyzed and judged on whether there is a factual and legal basis, and whether there is evidence to support it, and an explanation of whether the reasons for the appeal are established is explained in a targeted manner.

Fifth, the issues that need to be explained

Issues that are related to or influential in the determination and handling of the facts of the case, and that are inappropriate to express in the preceding paragraphs, may be explained in this section. The problem described should be a specific situation that already exists objectively. For example: 1. The problems or existing problems, defects, and defects in the original case that were not clearly investigated; 2. the occurrence of the case and the determination of the criminal suspect;3. whether there were illegal issues in handling the case, such as extorting confessions by torture; 4. the performance of the defendant in the original trial and compensation, repentance, etc.; 5. The complainant's performance during the appeal and social impact; 6. Other issues that the procurator undertook felt needed to be explained. If nothing needs to be explained, this section can be omitted.

VI. Review and handle opinions

Based on the facts and evidence determined by the review, and in accordance with the provisions of law, a clear review opinion is submitted on whether the facts determined in the original judgment, ruling or decision are clear, whether the evidence is indeed sufficient, whether the applicable law is correct, and whether the handling is appropriate, and whether the grounds for appeal are established. Finally, a clear review conclusion is put forward on the handling of the appeal case according to the overall situation of the case.

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