(2) documentary evidence;
(3) witness testimony;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) appraisal opinions;
(7) records of inquests, inspections, appraisals, investigations and experiments;
(8) audio-visual materials and electronic data.
the evidence must be verified before it can be used as the basis for deciding a case.
scope of responsibility of criminal litigation agent
1. Close the case.
when a private prosecutor entrusts an agent in a criminal private prosecution case, it is generally before the court accepts it.
in this case, whether to accept the entrustment of the private prosecutor, we should first listen carefully to the client's statement of the case, check the relevant evidence, analyze whether the defendant's behavior constitutes a crime, and then decide whether to accept the agency according to different situations, or inform the competent department to prosecute or not.
2. Go through the entrustment formalities. Those who accept the agency shall go through the entrustment formalities.
first of all, we should sign an entrustment contract. The entrustment contract shall indicate the entrustment contract of criminal private prosecution.
The entrustment contract must specify the agency authority, so as not to be unable to act as an agent due to unclear authority in litigation.
this contract is made in quadruplicate, one for the court accepting the case, one for the client, one for the law firm and one for the lawyer.
3. write a letter of complaint. After accepting the entrustment, the undertaking lawyer shall write a private prosecution on behalf of the private prosecutor. The contents of private prosecution include the following contents:
(1) Title. State the names, gender, age, nationality, place of origin, occupation and address of the private prosecutor and the defendant.
(2) request. If there is an incidental civil action, it shall be written separately from the criminal action.
(3) facts and reasons. Grasp the main issues, make clear statements, make clear opinions, and have sufficient evidence and reasons.
(4) conclusion. Summarize the defendant's criminal facts, clarify the legal basis, and reiterate the litigation request.
(5) precautions. Indicate the evidence, witness list and other reasons that need to be indicated.
4. investigate.
China's criminal procedure law stipulates that lawyers have the right to collect and consult materials related to this case;
Have the right to go to the people's court to consult the relevant files and materials transferred to the people's court by the people's procuratorate after the people's procuratorate does not prosecute but the victim does, so as to understand the case.
5. Exchange opinions with the parties before the trial.
(1) whether the original delegation authority has changed.
(2) If it is found that the prosecution facts are inconsistent with the evidence through marking and investigation, and it is necessary to correct the prosecution facts, it shall be corrected through consultation with the client.
if the client does not agree to make corrections, the lawyer in charge shall explain the situation according to law.
(3) If the claim is found inappropriate through marking and investigation, it is necessary to negotiate with the customer to correct the claim.
(4) If it is found that the private prosecutor has committed perjury and fraud through marking and investigation, the client shall be informed of the legal responsibilities he should bear and advised to make corrections.
if the principal insists on his own opinion, the agency relationship can be dissolved through negotiation.
(5) through reading papers and investigation, it is found that there are significant discrepancies between the facts of the original prosecution, which does not constitute a crime. We should advise the parties to withdraw the lawsuit and find another way to solve the problem correctly.
(6) on the basis of marking and investigation, list the outline of the problem and inform the client of the problems that should be paid attention to.
6. Determine the opinions of the agent and write the words of the agent. Generally, the following aspects should be considered when determining agency opinions:
(1) Defending the factual aspects of prosecution;
(2) maintain the quality of prosecution;
(3) protect other legitimate rights and interests of private prosecutors. Write a good proxy word. The proxy statement is a comprehensive exposition of the indictment.
7. Appear in court to support the charges.
Appearing in court to support charges is the key stage for lawyers to represent private prosecution cases, and the work in all stages of the court must be done well.
In the court preparation stage, the agent should pay attention to whether the trial procedure is legal.
In the court investigation stage, the judge should read out the private prosecution on his behalf, pay attention to the questions of the judge and the defender, answer the questions of the judge about the evidence, ask the defendant and the witness purposefully, and pay attention to the cross-examination of the trial evidence.
At the stage of court debate, a statement of proxy for private prosecution should be issued to defend the defendant's defense.
in the court mediation stage, the attorney should actively cooperate with the court to facilitate mediation according to the specific circumstances of the case and the attitude of the defendant, on the premise of protecting the legitimate rights and interests of the client and resolutely acting according to law. In the sentencing stage, he should listen carefully to the contents of the referee.
after the verdict is pronounced, the private prosecutor's opinion on the verdict should be sought, and different work should be done according to different situations, or the appeal should be discouraged or the reasons for appeal should be explained.
Legal basis:
People's Republic of China (PRC) Criminal Procedure Law
Article 5 All materials that can prove the facts of a case are evidence.
Evidence includes:
(1) Physical evidence;
(2) documentary evidence;
(3) witness testimony;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) appraisal opinions;
(7) records of inquests, inspections, appraisals, investigations and experiments;
(8) audio-visual materials and electronic data.
the evidence must be verified before it can be used as the basis for deciding a case.