Is it okay for a lawyer to appeal on his behalf?
1. Can a lawyer appeal on his behalf? Lawyers can appeal on their behalf. The Criminal Procedure Law stipulates that defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in written or oral form if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The specific situation involves a lot of content, and we will explain it in detail in the article together. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. According to the above law, the defender can appeal on behalf of the defendant. The first form of appeal is to appeal in the name of the defendant, or to appeal in the name of the defender with the consent of the defendant. The defendant shall not be deprived of the right to appeal under any pretext. Article 58 of the Civil Procedure Law stipulates that the parties and their legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (2) Close relatives or staff members of the parties concerned; (three) citizens recommended by the community, units and relevant social groups where the parties are located. Paragraph 1 of Article 59 of the Civil Procedure Law stipulates that a power of attorney signed or sealed by the client must be submitted to the people's court to entrust others to represent the litigation. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. Second, what is an appeal? It refers to the activity that a party refuses to accept a judgment, ruling or review decision of first instance made by a people's court that has not yet taken legal effect and files a retrial with a people's court at the next higher level within the statutory time limit. It also tells grievances to gods, kings or governments. Third, what are the basic conditions for appeal? 1. There must be qualified appellants and appellees. 2. It must be a judgment that allows appeal according to law. 3. Meet the statutory time limit for appeal. Article 147 of the Civil Procedure Law stipulates that a party who refuses to accept the judgment of the first instance of the local people's court has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served, and has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served. The appeal period shall be counted from the day after the judgment is served on the parties. If the written judgment or ruling cannot be served on the parties at the same time, the appeal period shall be counted from the day after they receive the written judgment or ruling. In criminal cases of second instance, the people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws, and shall not be limited by the grounds and scope of appeal. In criminal appeal cases, the people's court of second instance shall not aggravate the defendant's punishment. In a civil case of second instance, the court of second instance examines the relevant facts and applicable laws of the above-mentioned request of the parties, and will not examine it if the parties have not made a request; However, the judgment of first instance violates the prohibition of the law and infringes on the interests of the public or others. In a case of private prosecution, the victim, as a private prosecutor, has the right to appeal against the judgment of the people's court of first instance. According to the law of our country, there are three types of private prosecution cases, that is, cases that are handled after being told; Minor criminal cases that the victim has evidence to prove; Cases in which the victim has evidence to prove that his personal and property rights have been infringed, and criminal responsibility should be investigated according to law, but the public security organ or the people's procuratorate does not investigate the criminal responsibility of the defendant. This kind of private prosecution case must meet the following three conditions at the same time: the defendant has committed a criminal act and should be investigated for criminal responsibility according to law; The victim has evidence to prove; The public security organ or the people's procuratorate will not investigate, that is, the public security organ or the people's procuratorate will not file a case for investigation, or will not file a case, or will not prosecute. We believe that the concept of appeal is not unfamiliar to us. The defendant in a case may not appear in court, and his legal representative and lawyer may appear in court on his behalf. If the plaintiff and the defendant disagree with the trial result of the case, they may appeal directly by their legal representatives or lawyers. Relevant procedures and subsequent court sessions are waiting for the arrangement and notice of the court.