After Yao's case, the agent of the work carried out, caused wide attention. Usually, the lawyer in criminal cases mostly defense for the accused, and served as the agent is not much. This makes a lot of people in this business lawyers are poorly understood, even mistakenly believe that the lawyer as victim agent and agent, only the part of incidental civil lawsuit. In fact, according to the provisions of relevant laws, lawyers as the victim agent, can be represented in civil part, can also be agents of the criminal part.

       Some people may say, in criminal cases on behalf of the state, the procuratorate has sued the criminal, but also sent the public prosecutor in court, it is sufficient to maintain the legal rights of the victim. The victim to hire a lawyer, it is redundant. Don't believe the national prosecuting authority?

    A murder was a village in Zhifu District of Yantai City, the village of summer so and so's wife Liu village, Xu X was stoned to death. Xu X by the public security authorities to "intentional homicide" arrest. In accordance with the law, the crime of intentional homicide may be sentenced to death, and by the intermediate people's Court of first instance. But because he has a certain social relations, in their relatives around, but by the Zhifu District People's Procuratorate to "intentional injury crime (lethal)" the prosecution to the Zhifu District People's Court (the court). The indictment to the defendant surrendered but also on the grounds, requests the court to grant him a light sentence. This indicates that, the murderer Xu X may only be sentenced to fifteen years in prison.

       I heard the summer and introduction of the case, that the above approach obviously favour the murderer, the victim was unfair. I decided to summer and serves as an agent ad litem, and free of all charges. I came to Yantai, to sue a section and the Zhifu area procuratorate first (prosecutor) had a conversation, and access to all the materials. After reading I found, all the evidence proved, Xu x is intentional homicide. I went to the section chief, deputy chief made clear that my point of view, please they early correct qualitative and under the jurisdiction of the error, so as to avoid the passive. But prosecutors said home is already set, can not change. The prosecutor also said I as a lawyer serving only as the victim of civil compensation agent, could not comment on the criminal. I told him, this view is distorted in the new "criminal procedural law". Then, I went to the Zhifu district court, the judge stated my views. I said that the court was wrong, I will make a protest. The chairman of the tribunal asked me to appear in court, what words to say.

       Second days, Zhifu District People's court hearing the case, I as the summer a criminal and incidental civil action an agent to participate in the trial. In court, although I sit on a bench with the prosecutor, but we are not friends. In a sense, I became a prosecutor, but the real public prosecutor should plead for the accused. Prosecutors said the defendants are guilty of the crime of intentional injury, and have surrendered plot, suggest a lighter punishment. The defendant's defense counsel for the prosecution's performance is very glad, actively carry out cooperation. The collegial panel of judges also showed a desire intention as the defendant excuse.

       I pointed out that: the case is not complicated. The evening of December 22nd, the defendant Xu XX and people drink alcohol, to look for an opportunity. At the victim Liu is such and such, both sides quarrel. The defendant Xu XX lose reason, unexpectedly become frenzied with a stone will Liu smashed. Murder crime the defendant Xu x x, the 36 year old Liu forever lost their precious lives; elderly mother never lost his daughter; young children lost forever dear mother; and the summer x, the stubborn man, for the lost phase in life wife, night secretly tears.

       The accused admitted intentionally hurting him, but denied deliberately he kill. To deny the accused, I question the way gave rejected. I asked: "are you stoned Liu is such and such a few?" Answer: "hit seven." I asked "what do you want to do when you hit the first time?" Answer: "I don't want to kill her, just going to teach her a lesson." Then I asked: "what do you want to do when you hit second?" Answer: "still wanted to teach her a lesson." I asked: "what do you want to do when you hit third?" He panicked, dare not answer. I continue to use the same question has been asked: "what do you want to do when you hit seventh?" The defendant has not dare to answer. Because he is very clear, has not used "lesson" to deny. I puncture a fallacy with one remark: "obviously, the defendant is until Liu killed to stop, this is not intentional homicide is what?" so far, in my continuous pressed, the defendant be Agape and tongue-tied, all. The public prosecutor has very embarrassed.

       I stressed that, one, the defendant has committed the crime of intentional homicide, not intentional injury crime (lethal); two, the case shall be under the jurisdiction of Yantai City Intermediate People's court, the Zhifu District Court has no jurisdiction to hear; three, in view of the defendant Xu X in the court refused to admit it has admitted the crime fact, according to the the relevant provisions of the law, has not been identified as surrender, the defendant does not exist any extenuating circumstances.

       After the adjournment, I will collate the views of the written materials, respectively, to the Yantai Municipal People's Congress, politics and Law Committee, asking them to pay attention to the case.

       Later, under the jurisdiction of the case qualitative and mistakes corrected, by the Yantai Municipal People's Procuratorate to Xu XX made "intentional homicide" prosecution to the Yantai City Intermediate People's court. After the Yantai intermediate people's court and the Shandong Higher People's court trial, the defendant Xu Mou is to "intentional homicide" sentenced to death with a two-year reprieve, compensate the victims, twenty thousand yuan.

       Can be seen from this case, criminal victims to hire a lawyer for adults, not make an unnecessary move, but very necessary.

 

The provisions of relevant laws, policies:

   One, "the people's Republic of China Criminal Procedure Law"

    Article fortiethVictim in a case of public prosecution and their legal representatives or near relatives, the party in an incidental civil action and the legal agent, since the date of the case is transferred for examination before prosecution, have the right to entrust agents ad litem. Cases of private prosecution and their legal representatives, the party in an incidental civil action and the legal agent, has the right to entrust agents ad litem.

The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, it shall inform the victim and his legal representatives or their close relatives, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem. The people's court after accepting a case of private prosecution, within three days, it shall inform the prosecutor and his legal representative, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem.

Article eighty-secondThe following terms used in this Law means:

   (five) "agent" refers to the victim in a case of public prosecution and their legal representatives or near relatives in a case of private prosecution, the prosecutor and his legal agent entrusted to participate in litigation of the people and the party in an incidental civil action and the legal agent entrusted to participate in litigation;

   139th people's Procuratorate the case, shall interrogate the criminal suspect, to listen to the victims and criminal suspects, the entrusted people's opinion.

 

   Two, the relevant provisions of the Supreme People's court "on the implementation of" some problems of criminal procedure law of the people's Republic of China "interpretation"

   Article forty-secondThe people's court within three days after accepting a case of private prosecution, inform the defendant shall have the right to entrust defenders; and shall inform the prosecutor and his legal representatives, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem.

   Article forty-eighthAn agent ad litem responsibility according to the facts and the law, safeguard the victim, private prosecutor or incidental civil action litigant's legitimate rights and interests.

   Article forty-ninthThe lawyer serves as an agent ad litem, consult, extract, copy the materials pertaining to the case, to understand the. Other litigation agent approved by the people's court, may also consult, extract, copying the relevant materials of the case, to understand the. Need to collect, collect materials related to the case, can refer to this interpretation of article forty-fourth, the provisions of article forty-fifth.

   Article forty-fourthDefense counsel to the witnesses or other units and individuals concerned, obtaining collected materials related to the case, because the witness, the relevant units and individuals do not agree, apply to the people's court to collect, collect, the people's court considers necessary, shall agree.

   Article forty-fifthDefense lawyers directly apply to the people's court for the collection and obtaining of evidence, the people's court that the defense lawyers should not or cannot ask the witnesses or other relevant units and individuals collected, extracted, and indeed necessary, should agree.

   The people's court according to the application for collection, investigation and evidence obtainment defense lawyers, the applicant can present.

   The people's court according to the application collection, take counsel's evidence, it shall timely copy to the applicant.

   Article fiftiethAn agent ad litem shall submit to the people's court shall be signed or sealed by the power of attorney; if a principal is a party in an incidental civil action, litigation agent shall submit to the people's court shall be signed or sealed by the power of attorney.

   Article fifty-firstThe people's court for lawyers, other defenders and agents ad litem consult, extract, copy the case of the facts of the crime accused materials, only collect the necessary copy materials fee.

   Article 130thThe judge announced that the investigation after the start, should first by the prosecutor read the indictment; have the incidental civil action, the plaintiff in incidental civil action or his agent ad litem read incidental civil pleadings.

   Article 133rdThe presiding judge auspices, prosecutors alleged in the indictment on criminal facts interrogating the defendant; the victim and his agents ad litem, the presiding judge may grant, the prosecutor interrogation of supplementary questions; the plaintiff in incidental civil actions and their legal representatives or agents ad litem, the presiding judge may grant, incidental civil action part of the truth to question the defendant; the judge permitted, the defense of the accused person and the legal agent or litigation agent in the prosecution was completed after interrogation of a specific problem put questions to the defendant.

   Article 138thOn charges of each case, the judge allowed, the public prosecutor may appeal to the presiding judge to subpoena witnesses, Jian Dingren and the inquest, inspection record producer testify, or produce evidence, read not present in court, witnesses, expert witnesses and victims of an inquest or examination, the pen recording as written statements, testimony, appraisal conclusion and investigation, inspection record;The victim and his agent ad litem and plaintiff in incidental civil action and the agents ad litem to the presiding judge, can also draw summoned not witness appearing in court to give evidence, identification and inspection, inspection record producer testify, or show the card according to the public prosecutor is not present, read out the written testimony, appraisal conclusion and investigation, not read inspection record.

   Article 161stThe court debate shall be the presiding judge in charge, shall be conducted in the following order:

   (a) the public prosecutor to speak;

   (two) the victim and his agents ad litem to speak;

   (three) the defendant to defend himself;

   (four) defence;

   (five) the parties debate.

 

   Three "Lawyers Law of the people's Republic"

   The twenty-eighth article of the law may engage in the following business:
   (a) entrusted to the natural person, legal person or other organization, the legal adviser;
   (two) acceptance of civil cases, administrative cases parties, act as agent to participate in litigation;
   (three) entrusted by the criminal suspect, to provide legal advice, complaints, charges, application for bail for the arrested suspect, acceptance of criminal suspects and defendants, commission or the people's court appointed, serving as a defender,Accept the private prosecutor in private prosecution cases, homicide victims or their close relatives as principal, agent, to participate in the proceedings;
   (four) accept the Commission, representing all kinds of litigation petition;
   (five) accept the Commission, to participate in the mediation, arbitration activities;
   (six) accept the Commission, to provide non litigation legal services;
   (seven) other documents to answer inquiries regarding law, the litigation documents and related legal affairs.

   Four,The all China Lawyers Association"A lawyer to handle the criterion of the criminal cases "　　

   The tenth article of the law firm can accept the suspect, the defendant, or his legal representative, entrust relatives or criminal suspects, defendants entrusted by the party, or accept people court appoint, appoint a lawyer for the criminal suspect or the defendant to provide legal aid or as a defender;Can accept and its legal representative of the victims and their legal representatives or near relatives, the party in an incidental civil action, the case of private prosecutor and his legal agent commission, appointed lawyer serves as an agent ad litem;Can accept criminal case the party or his legal representative, close relatives of the Commission, appointed lawyer appeals agent; can accept is not to be prosecuted or his legal representative, close relatives of the principal, appoint lawyers to appeal; make no registration or revocation of the decision in public security organs, people's Procuratorate, acceptable to the victims and their legal the agent entrusted, close relatives, appoint lawyers to appeal or prosecution.

 A law firm shall as far as possible to meet the requirements of the principal named principal.

   Article forty-firstThe case transferred for examination before prosecution, the lawyer can accept the victim and his legal representatives or near relatives, commissioned by the party in an incidental civil action or legal representative, close relative serves as an agent ad litem. The law firm shall in accordance with the provisions of article thirteenth of the regulations of the entrustment formalities.

   The fifty-ninth article of the law as a defender or agent ad litem, according to the provisions of the 139th criminal procedure law, to the people's Procuratorate put forward for the defense, agency views.

   Ninety-third defense lawyers in the public prosecutor interrogating the defendant, the victim and the plaintiff to the defendant asked, with the permission of the presiding judge, can ask the defendant. The defendant does not admit accused of a crime, should inquire condition and reason.

   The 133rd article of the law can accept the victim (including citizens, legal persons and other organizations have died), a close relative of the victim, commissioned by the incompetent or limited capacity for civil conduct his legal representatives, as its agent ad litem. The clients shall be handled with reference to the provisions of article thirteenth of this specification.

   The 134th article of the law serves as an agent ad litem victims in cases of public prosecution, can provide legal consultation, investigation and evidence collection, to consult the case materials, to participate in the trial, safeguard the legitimate rights and interests according to law.

   The 162nd article of the law can accept the cases of public prosecution, private prosecution by the prosecutor and his legal representative, as the plaintiff of the supplementary civil litigation agent.May authorize lawyers to file an incidental civil action, including from crimes suffered material losses of victims (citizens, legal persons and other organizations have died), a close relative of the victim, incompetence or limited capacity his legal representatives. The clients shall be handled with reference to the provisions of article thirteenth of this specification.

   So,The victims in the public prosecution hired lawyers acting is really necessary.

Reminder.

   The victim in the face of unlawful infringement, it is necessary to pick up the legal weapons to maximize the maintenance of their own legitimate rights and interests, to punish the defendant.

Published: Guangdong People's age law firm Wang Naidi lawyer                  Source: Internet

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