There are two types of civil indictment attached to criminal cases, one is attached to public prosecution, and the other is attached to private prosecution. If it is attached with private prosecution, it is called private prosecutor.
The content of the model of civil indictment collateral to criminal proceedings mainly includes the basic information of the plaintiff and the defendant, claims, facts and reasons, evidence and evidence sources, etc.
Civil indictment attached to criminal case -- model
Civil Petition Attached to Criminal Case
Plaintiff: (name, gender, age, nationality, native place, occupation, home address, contact information)
Defendant: (ibid.)
Cause of action: (accusation, compensation)
Claim:
1. Investigating the defendant's criminal responsibility according to law
2. The defendant is requested to compensate for the loss of X X yuan.
Facts and reasons:
·····(Indicate the cause, process and consequences of the whole case, and list the basis for investigating the defendant's criminal responsibility and claiming compensation according to laws and regulations.)
Evidence and evidence source, name and address of witness:
Sincerely
The People's Court
Attachment: copies of this petition
The plaintiff in the incidental civil action:
specific date.
Legal basis: 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
Article 145 The conditions for bringing an incidental civil action are: (1) the prosecutor meets the statutory requirements; (2) There is a clear defendant; (3) There are specific requirements, facts and reasons for claiming compensation;
(4) It falls within the scope of the people's court to accept incidental civil actions.
Article 101 of the Criminal Procedure Law stipulates that if the victim suffers material losses due to the defendant's criminal act, he or she has the right to bring an incidental civil action in the course of criminal proceedings. If the victim is dead or incapacitated, the legal representative and close relatives of the victim shall have the right to bring an incidental civil action.
If losses are caused to state property or collective property, the People's Procuratorate may bring an incidental civil action when initiating a public prosecution.