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Do you need to go to the court to hand in the indictment in person?

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Do you need to go to the court to hand in the indictment in person?


        

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  • 2024-06-13 13:00:02

    Do you need to go to the court to hand in the indictment in person? You don't need to go in person, but you can entrust an agent to handle the lawsuit. A person without legal capacity shall have his guardian as his legal representative in litigation. With reference to the Civil Procedure Law of the People's Republic of China, a party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement. The parties concerned may consult the relevant materials of the case and copy the relevant materials and legal documents of the case. The scope and measures for consulting and copying materials related to the case shall be stipulated by the Supreme People's Court. The parties must exercise their litigation rights according to law, observe the litigation order, and perform legally effective judgments, rulings, and mediation statements. With reference to the provisions of the Civil Procedure Law of the People's Republic of China, a person without litigation capacity shall have his guardian as the legal representative in litigation. If the legal representatives shift their responsibilities to each other, the people's court shall appoint one of them to act on their behalf in litigation. With reference to the Civil Procedure Law of the People's Republic of China, the parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers, grass-roots legal service workers; (2) Close relatives or staff members of the parties; (3) Citizens recommended by the communities, units and relevant social organizations of the parties concerned. With reference to the provisions of the Civil Procedure Law of the People's Republic of China, the power of attorney signed or sealed by the trustor must be submitted to the people's court when entrusting another person to act on his behalf in litigation. The power of attorney must specify the entrusted items and authority. The agent ad litem must have the special authorization of the client to admit, abandon or change the claim, settle the dispute, file a counterclaim or appeal on behalf of the client. The power of attorney mailed or entrusted by citizens of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country stationed in that country that has diplomatic relations with the People's Republic of China, and then transferred to the embassy or consulate of the People's Republic of China stationed in that third country for certification, or by the local patriotic overseas Chinese organization.
    How should the indictment be written?
    The form of the indictment is divided into the head part, the body part and the tail part: 1. The head part of the indictment consists of two parts: (1) the name of the People's Procuratorate. Except for the Supreme People's Procuratorate, the name of the province (autonomous region, municipality directly under the Central Government) should be written in front of the name of each local People's Procuratorate; (2) The second is the document number of the People's Procuratorate, which consists of the abbreviation of the People's Procuratorate that produced the indictment, the nature of the case, the year of prosecution, and the case sequence number. 2. The main contents of the text of the indictment include: (1) the basic information of the defendant, including the defendant's natural situation, whether he has been subject to criminal punishment, and the adoption of coercive measures; (2) The cause of the case and the source of the case, including return for supplementary investigation, extension of the time limit for examination and prosecution, etc; (3) The facts of the case, including the time, place, process, means, motivation, purpose, harmful consequences and other facts related to conviction and sentencing; (4) The basis and reasons for prosecution include the criminal law provisions violated by the defendant, the nature of the crime, the statutory conditions for lighter, mitigated or heavier punishment, and the criminal responsibility of the defendant for a joint crime. We should make a general statement in combination with the constitutive elements of the crime, highlight the characteristics of this crime, and use concise and accurate language; The application of legal provisions should be accurate, complete and specific, and the articles, paragraphs and items should be clearly stated. 3. The tail of the indictment consists of two parts: (1) the legal position and name of the prosecutor who undertakes the case; (2) The second is the date of the indictment, which is the date of issuance of the indictment.
    To sum up, it is not necessary to go to the court to hand in the bill of complaint in person. You can entrust others to represent you. Do you understand?

    E***

    2024-06-13 13:00:02

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