Article 44 of the Criminal Procedure Law stipulates that the victims of public prosecution cases and their legal representatives or close relatives, and the parties involved in incidental civil actions and their legal representatives have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution.
The private prosecutor and his legal representative in a case of private prosecution, and the parties to an incidental civil action and their legal representatives have the right to entrust an agent ad litem at any time.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the victim and his legal representative or his near relatives, the parties involved in incidental civil litigation and his legal representative that he has the right to entrust an agent ad litem.
The people's court shall, within three days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative, the parties to an incidental civil action and his legal representative that they have the right to entrust an agent ad litem.
The close relatives of the victim also have the right to entrust a lawyer as the victim's agent in criminal proceedings.
Extended data:
According to the Civil Procedure Law and other relevant provisions, an agent ad litem shall abide by the following provisions:
(1) The parties (including plaintiff, defendant, joint litigant of XXX and third party), legal representatives and legal representatives may entrust agents;
(two) each party and the legal representative and legal representative can only entrust two agents ad litem at most;
(3) Lawyers, close relatives of parties, persons recommended by relevant social organizations or units, and other citizens permitted by the people's courts, regardless of gender, religion, belief, nationality, experience or nationality, may be entrusted as agents ad litem. However, foreign lawyers, including those from Hong Kong, Macao and Taiwan, cannot represent the litigation as lawyers.
(4) If another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court, and the power of attorney must specify the entrusted matters and authority.
The power of attorney must state that it is a general agent, that is, the entrusted agent participates in litigation activities, such as providing evidence, appearing in court, stating facts and opinions, and participating in court debates. And can not implement litigation activities involving the disposition of substantive rights; The second is special agency, that is, the entrusted agent can not only carry out general
China Court Network-Criminal Procedure Law