Introduction: criminal prosecution is to pursue the criminal liability of the defendant according to law, the indictment can record the cause and effect of the matter for the plaintiff. The following is my collection of criminal collateral civil indictment, welcome to refer to.
Criminal incidental civil suit (a)Incidental civil lawsuit plaintiff: Yang Shengxiang (hereinafter referred to as the plaintiff), male, Han nationality, born on May 20, 1946, Zhenyuan County, Guizhou Province, living in Zhenyuan County, Guizhou Province, Zhenping Zhen dam administrative village long dam group. (The father of the deceased)
Incidental civil action plaintiff: Nie Peng (hereinafter referred to as the plaintiff), male, Han nationality, born on October 15, 1981, Hulin County, Sichuan Province, now lives in Wenling City, Zhejiang Province. (The husband of the deceased)
Incidental civil action plaintiff: Nie Xinlin (hereinafter referred to as the plaintiff), female, Han nationality, born on March 23, 2009, Zhenyuan County, Guizhou Province, residing in Wenling City, Zhejiang Province. (Department of the deceased's daughter)
Legal representative: Nie Peng, male, Han nationality, born on October 15, 1981, Hulin County, Sichuan Province, now living in Wenling City, Zhejiang Province.
Incidental civil action defendant: Zhang Dingjiang (hereinafter referred to as the defendant), male, born on September 25, 1975, Nanxi County, Sichuan Province, residing in Nanxi County, Sichuan Province, Nanxi Town, Chahua Village, Group 6, No. 65.
The lawsuit request
First, according to law to investigate the defendant Zhang Dingjiang traffic perpetrator of criminal responsibility, and severe punishment;
Second, the defendant was ordered to compensate for the plaintiff's death compensation of 691,000 yuan, funeral expenses of 20043 yuan, 1,000 yuan of medical expenses, transportation costs of 3,000 yuan, the cost of living of the dependents of 220,835 yuan, 4500 yuan of lodging, lost wages of 1,000 yuan, the cost of transportation, the cost of living of 4,500 yuan, and the cost of living in the village of Chahua. Yuan, lost wages of 1000 yuan, 60,000 yuan of mental comfort, *** total: 1001378 yuan.
Facts and reasons
June 23, 2013, 18:30 Xu, Zhang Dingjiang driving zhejiang jrd937 small ordinary passenger car route Shisong first-class highway 15km + 100m (Chengdong street tunnel), and Wang Dongchun driving zhejiang jq9581 car collision, and then Wang Dongchun driving zhejiang jq9581 car and crashed into the standing in the Jiaojiang j75651 fuel booster next to Yang Lu, Nie Peng, causing Yang Lu by the first people's hospital in wenling city, Nie Peng serious injuries (did not do the injury appraisal) of the traffic accident. Defendant ZhangDingJiang is responsible for the accident, WangDongChun is responsible for the accident, NiePeng is responsible for the accident, YangLu itself is responsible for the secondary responsibility, ZhengFuHe is not responsible, LiuMingJun is not responsible, LiZhongPing is not responsible, MuZhiZhi is not responsible
after the accident, the defendant ZhangDingJiang was released from custody, and refused to pay for the plaintiff, NiePeng's follow up medical fee, nursing fee. The plaintiff repeatedly to find the defendant ZhangDingJiang consultation YangLu (deceased) death compensation, the defendant ZhangDingJiang refused to pay compensation. Defendant's behavior to the plaintiff's family caused great trauma, a complete family became broken, the plaintiff nie xinlian only five years old without mother, the plaintiff nie peng and due to traffic accidents caused by severe disability, unable to raise their daughters. Plaintiff Yang Shengxiang frail and sick, no one to take care of. The Plaintiff's grandmother had just passed away shortly after her mother left the world. The future 'days do not know continue.
In summary, the defendant's illegal driving behavior caused one death and one injury to the plaintiff caused great mental trauma, the defendant's behavior has violated the Criminal Law, Article 133 of the crime of traffic accidents, should be investigated according to the law of its criminal responsibility and severe punishment. In addition, according to the "Chinese people's *** and state criminal procedure law" article 99 of the provisions, the victim due to the defendant's criminal behavior and suffered material losses, in the process of criminal proceedings, have the right to bring an incidental civil lawsuit. Therefore, the defendant Zhang Dingjiang's criminal behavior to the plaintiff Guan caused all the losses should be liable for compensation by the defendant. In order to safeguard the plaintiff's legitimate rights and interests, the lawsuit, please give a fair judgment, such as the petition.
Hereby
Wenling Municipal People's Court
Pleadings:
August 12, 2013
Criminal incidental civil suit (two)Incidental civil suit plaintiff (hereinafter referred to as the plaintiff): Guan XX, male, born on May 2, 1984, Han nationality, residing in Sichuan Province, Duchang County, XX Village, No. 15. ID card number: 513424XXXXX, contact phone XXXXXXXXXXXXX.
Incidental civil action defendant (hereinafter referred to as the defendant): Wang XX, male, born on June 24, 1982, Jianchuan County, Yunnan Province, contact phone 138872XXXXX.
Litigation request:
First, according to law, to investigate the defendant Wang XX Intentional injury crime of criminal responsibility and severe punishment;
Second, the defendant was ordered to compensate the plaintiff jointly and severally for disability compensation, medical expenses, lost wages, nursing care, hospital food subsidies, nutritional costs, transportation costs, appraisal fees, spiritual loss and other losses *** total 42416.82 yuan.
Facts and reasons:
On the night of July 4, 2010, Liang XX, Li XX and three others went to the plaintiff's legally operated ? Night to the fragrance of ? Beauty salon consumption. After consumption, the three people refused to pay the fee for no reason, and called a number of people in front of the beauty salon to make trouble. Defendant Wang XX was called to the scene, did not ask the cause of the matter, did not listen to the plaintiff's explanation, that is, the plaintiff Guan XX punched and kicked, beating. The plaintiff was beaten, was sent to jianchuan county people's hospital for treatment, and then transferred to lijiang city people's hospital for treatment, hospitalized for eighteen days, rest to date.
The defendant's intentional injury caused by the plaintiff's injuries, was diagnosed as: 1, nasal bone fracture, the broken end of the slightly collapsed; 2, the right side of the tenth bone dorsal segment fracture, bone dislocation 0.5 meters.
The Kunming Medical College Forensic Science Center for light injuries, and by the Sichuan Dingcheng Forensic Science and Technology Institute of the ninth degree of disability.
The defendant's criminal behavior led to the plaintiff Guan XX economic and mental suffer great losses, specific losses are: disability compensation of 13,476.00 yuan, medical costs 3090.82 yuan, lost 2250.00 yuan, nursing costs 500.00 yuan, hospital food subsidies 500.00 yuan, 500.00 yuan of nutritional costs, transportation costs 1000.00 yuan, Appraisal fee 1100.00 yuan, mental comfort 20000.00 yuan, etc., *** total 42416.82 yuan. These losses due to the defendant's intentional injury behavior, according to the law should be responsible for compensation by the defendant Wang XX.
In summary, the defendant Shen Jiankui intentionally injured others, resulting in minor injuries to others, his behavior has violated the "Chinese People's *** and State Criminal Law" Article 234 of the provisions, constituting the crime of intentional injury, should be investigated for criminal responsibility and severe punishment. In addition, in accordance with the provisions of article 77 of the Criminal Procedure Law of the People's Republic of China, if the victim suffers material losses as a result of the defendant's criminal act, he or she has the right to bring an incidental civil action in the course of the criminal proceedings. Therefore, the defendant Wang XX's criminal behavior to the plaintiff Guan XX all losses caused by the defendant shall be liable for compensation. In order to safeguard the plaintiff's legitimate rights and interests, the lawsuit, please give a fair ruling, judgment as the petition.
Hereby
XX County People's Court
Pleaded by: Guan XX
August 19, 2010