Chapter 379 Written Ruling Instrument

After speaking, he pushed the pile of materials to the counter above, and his attitude was polite and cold.

"Why is it not the same, can you give us a specific reason?"

Shang Luoyu smiled good-naturedly, "You see, my criminal complaint has a plaintiff, is the victim's son, a citizen who has a direct interest in this case, a clear defendant, the defendant Chen Shiqin's identity and household registration information, has specific litigation claims, facts, and reasons, and belongs to the scope of the people's court to accept civil litigation and the jurisdiction of the people's court under the lawsuit. ”

The older woman rolled her eyes impatiently, "Why don't you file a case, don't you have any psychological points?" Criminal private prosecution cases are accepted by Article 170 of the Criminal Procedure Law, which stipulates the scope of private prosecution cases, (1) cases that are handled only after being told; (2) minor criminal cases in which the victim has evidence to prove that the victim has evidence to prove that the defendant has violated his own person, In cases where the act of property rights should be investigated for criminal responsibility in accordance with the law, but the public security organ or the people's procuratorate does not pursue the criminal responsibility of the defendant, which of these cases does it fit within the scope of a private prosecution case?"

Shang Luoyu raised his eyebrows unexpectedly, except for the two staff members of the case filing division of the Intermediate People's Court in Baishui Prefecture, who are judges, other courts are generally temporary contract workers, except for those who are interested in becoming judges and are more familiar with the laws and regulations of the legal professional qualification examination, the others are generally only familiar with some laws that need to be contacted in business, and this female staff member is a little unexpected.

Thinking of this, he patiently explained, "You see, this is a notice issued by the public security organ not to file and accept the case when we went to report the case, so we should be in line with the third point you just said, that is, the victim has evidence to prove that the defendant's infringement of his personal and property rights should be investigated for criminal responsibility in accordance with the law, but the public security organ or the people's procuratorate does not pursue the defendant's criminal responsibility." ”

"Why are you a lawyer so ignorant, and thirdly, it is clear that the victim has evidence to prove that he violated his personal and property rights against the defendant, is this victim the plaintiff?"

Huang Yixi hurriedly stepped forward to help, "I think that although this article refers to the victim who tells it, the victim cannot tell it on his own due to coercion, intimidation or other objective reasons, and the victim's close relatives can also tell it." ”

The older female staff member saw Huang Yixi interjecting, a little impatient, and her attitude became even colder, "Why don't you understand that no matter whether this case is intentional injury causing death or intentional homicide, it is a public prosecution case, and the maximum criminal prosecution period for a public prosecution case is 20 years, so it is not wrong for the public security organs not to file a case." And we, we did not file a case because your case did not meet the requirements for filing a private prosecution case. ”

Huang Xiaotian had already followed, and when he saw this scene, he hurriedly pleaded, he told the strange facts about why he knew that his mother was killed, and finally asked angrily, "Everyone is a son of man, if you know that your mother has encountered this kind of thing, can you bury her with the fact that she was wronged without doing anything, as if it didn't happen?"

After listening to what Huang Xiaotian said, almost no one dared to believe it, Huang Xiaotian simply took out his mobile phone and broadcast the photo of his mother's body and the video of the ancestral hall of the 30th Chinese New Year's Eve, and those onlookers praised Huang Xiaotian for being right, and one secretly said: "Now, it is difficult to enter the door, the face is ugly, and things are difficult to do, and there is no idea of serving the people for a long time." ”

It seems that there is also a lot of resentment.

Some people even said sarcastically: "In the past, it was said that being an official is not the master of the people, so it is better to go home and sell sweet potatoes, but now there are no sweet potatoes to sell, so you can only rely on here." ”

When the three female staff members of the case filing division saw that the situation was beyond their control, one of them hurried out, and after a while, a female judge about 35 or 6 years old was invited to introduce herself as Xu and the president of the case filing division.

"Come with me to the office and sit down. "President Xu's attitude is very polite.

It seemed that Huang Yixi's knowing gaze, President Xu's face was a little embarrassed.

When I arrived at President Xu's office on the second floor, after drinking a cup of tea, President Xu asked about the private complaint, and Shang Luoyu motioned for Huang Xiaotian to speak.

It's not that Huang Xiaotian's narration is very exciting, but after all, he is a bitter master, and his feelings are more invested than Shang Luoyu and Huang Yixi, and Huang Xiaoxi found that even if Huang Xiaotian talked about his mother's experience many times, it was not as good as Huang Yixi thought that it would fade over time.

It is not an easy task for a man to be able to cry every time he talks and is not afraid of embarrassment.

It's impossible to empathize without experiencing it.

So Huang Yixi never said the sentence "I understand, I understand".

President Xu's emotions are obviously much richer than those three female staff, and her eyes are not necessarily red, and it didn't take long for her to start wiping her tears with a tissue, Huang Yixi admired her a little, and she didn't shed tears when she heard it for the first time, although her eyes were itchy at that time.

Huang Yixi found that it seems that since she was a child, her tear ducts are not very developed, from her memory to the present, she has not cried much, but she is afraid that she can count two slaps.

It is said that women love to cry because women are made of water, and Huang Yixi estimates that he has no tear ducts, which should be made of cement.

President Xu wiped away his tears and began to get back to business, "I personally sympathize with your mother's experience, but after all, it's just sympathy, you have all found out the real culprit for her, I think, she has been wronged, so I personally think that this matter is also considered to be complete, and this matter will end here." ”

Huang Xiaotian looked at the tearful judge, thinking that there was a drama now, but he didn't expect to get this answer, and he was stunned all of a sudden.

He did not give up, and asked several times, but the president of the case filing court still did not relent.

Huang Xiaotian wanted to scold and make trouble, but he didn't know what to do in the face of a judge who could shed tears for his mother's experience.

"Well, please give us a written ruling or decision. ”

Shang Luoyu watched coldly, knowing that no matter how much he negotiated, it would be impossible to file a case, so he could only retreat and ask for it.

President Xu was stunned for a moment, although there are legal provisions, if the court cannot determine whether the legal provisions are complied with on the spot for the parties' litigation claims, it shall decide whether to file the case within the time limit prescribed by law. Where prosecution, private prosecution, or application materials do not meet the formal requirements, the court shall promptly explain and give a one-time comprehensive notice in writing of the materials that should be supplemented and corrected, as well as the time limit.

However, for prosecutions, private prosecutions, and applications that do not comply with the provisions of law, the court shall rule in accordance with law not to accept them or not to file the case, and shall state the reasons.

If the parties are not satisfied, they may file an appeal or apply for reconsideration.

However, the court's practice has always ended with not receiving materials, not replying, and not issuing legal documents.

She glared at Shang Luoyu vigilantly, not knowing what he would use for this legal document.