起诉书犯罪事实之描述

Description of the Facts of Crime in the Indictment

尽管起诉书是一种格式化司法文书,但其事实部分很难有一定之规,在很大程度上依靠实践经验。通过对大量的起诉书进行深度解析,发现当前一些起诉书犯罪事实描述严重不当,可能影响罪与非罪、此罪与彼罪。存在的种种具体问题分为褒贬失当、主动和被动句式使用不当、指代不明、对四字结构重视不够、事实部分夹杂证据等五大类。最后从犯罪事实描述的角度出发,选择收购赃物罪和转化型抢劫罪两类,进行整体分析,以期为起诉书犯罪事实之描述提供一些有益经验。

The description part of the facts of crime in indictment is difficult to standardize and much depends on experiences, although indictment is one of standard judiciary documents. This article tries to discover seriously improper descriptions in some indictments, which probably influence the determinations between guilt and innocence, between one crime and another, Existing detailed problems may be classified as follow： improperness on commendatory and derogation; misuse of active voice and passive voice; vague pronoun using; non-focus on Chinese four-characters structure; criminal fact description mingled with evidence, etc. As viewed from the description of criminal fact, with comprehensive analysis of two categories of crimes of purchasing illegally - got things and transferred robbery, some beneficial suggestions concerning description of the facts of crime within the indictment were mentioned.