The meaning of criminal agency According to the provisions of China's Criminal Procedure Law, victims of public prosecution cases, private prosecutors of private prosecution cases, plaintiffs and defendants in criminal incidental civil actions, and complainants in criminal appeal cases can all entrust agents to participate in the proceedings according to law. An agent in criminal proceedings may be a lawyer or a citizen other than a lawyer. However, the person subjected to execution or a person deprived of or restricted in personal freedom according to law cannot act as an agent. There are two kinds of agency in criminal proceedings: one is legal agency. Legal agency is an agency based on legal provisions. The second is entrusted agency. Principal-agent is an agent based on the entrustment and authorization of the principal. Types of criminal agency (1) Victim agency in public prosecution cases means that lawyers or other citizens accept the entrustment of victims in public prosecution cases and their legal representatives or close relatives to participate in litigation as victims' agents. Article 44 of China's 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 litigation and their legal representatives have the right to entrust agents ad litem from the date when the case is transferred for review and prosecution. The private prosecutor and his legal representative in a private prosecution case, and the parties involved in an incidental civil action and their legal representatives have the right to entrust an agent ad litem at any time. " (2) Private prosecution case agency and counterclaim case agency refer to that in criminal private prosecution cases, lawyers or other citizens accept the entrustment of private prosecutors or their legal representatives to participate in litigation as agents. Article 40 of China's Criminal Procedure Law stipulates that the private prosecutor and his legal representative in a private prosecution case have the right to entrust an agent ad litem at any time. This provision shows that in a case of private prosecution, the private prosecutor or the legal representative of the private prosecutor has the right to entrust an agent ad litem, and others, including the close relatives of the private prosecutor, cannot entrust an agent for the private prosecutor. According to the relevant provisions of Chinese laws, lawyers, people recommended by the private prosecutor's unit, guardians or relatives and friends of the private prosecutor, etc. Anyone can be an agent, but a person who is being punished or deprived or restricted of personal freedom according to law cannot be an agent. (III) Agency of the parties involved in incidental civil litigation Agency for incidental civil litigation refers to the activities entrusted by the parties involved in incidental civil litigation and their legal representatives as litigation agents, and is an important part of litigation agency for criminal private prosecution cases and public prosecution cases. Article 40 of the Criminal Procedure Law stipulates that the parties to a public prosecution case and their legal representatives shall have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution. The parties involved in the incidental civil action in a case of private prosecution and their legal representatives have the right to entrust an agent ad litem at any time. The people's procuratorate shall, within 3 days from the date of receiving the case materials transferred for examination and prosecution, inform the parties involved in the incidental civil action and their legal representatives that they have the right to entrust agents ad litem. The people's court shall, within 3 days from the date of accepting a case of private prosecution, inform the parties involved in an incidental civil action and their legal representatives that they have the right to entrust an agent ad litem. (IV) Representation of Appeal Cases Article 203 of China's Criminal Procedure Law stipulates that the parties concerned, their legal representatives and close relatives may appeal to a people's court or a people's procuratorate against a legally effective judgment or ruling. Lawyers, as legal workers, have the right to accept the entrustment of clients and appeal on their behalf. Lawyers can better protect the legitimate rights and interests of the parties and help the judicial organs to correct wrong judgments or rulings in time. Through the legal publicity of lawyers, unreasonable lawsuits can also be reduced. Responsibilities and Rights According to Article 48 of the Supreme People's Court's Interpretation, the responsibility of an agent ad litem is to safeguard the legitimate rights and interests of the victim, the private prosecutor or the parties involved in incidental civil litigation according to facts and laws. An agent ad litem shall submit a power of attorney signed or sealed by the client to the people's court; If the client is an incidental party to a civil action, the agent ad litem shall submit a power of attorney signed or sealed by the client to the people's court. According to the spirit stipulated in Article 49 of the Supreme People's Court's Interpretation, lawyers, as agents ad litem, have the right to consult, extract and copy the materials related to the case and understand the case. Other agents ad litem, with the permission of the people's court, also have the right to consult, extract and copy the materials related to this case in order to understand the case. The principal has the right to change the entrusted content or revoke the agency right, and the agent may also refuse the agency according to law, resulting in the change or revocation of the agency authority. Article 29 of China's "Lawyers Law" clearly stipulates that the client may refuse the lawyer to continue to represent him or entrust another lawyer to represent him. After accepting the entrustment, a lawyer may not refuse to represent him without justifiable reasons, but if the entrusted matter is illegal, the client engages in illegal activities by using the services provided by the lawyer, or the client conceals the facts, the lawyer has the right to refuse to represent him. Where the power of agency is changed or revoked, it shall promptly notify the people's court with jurisdiction in writing. During the litigation, after the dissolution of the agent, the people's court shall allow the client to appoint another agent. However, if the case has been handled by collegiate bench, it is generally not appropriate to change the entrustment. The above contents are some information related to "criminal agency" compiled by Bian Xiao. When encountering criminal proceedings, a correct understanding of the meaning, types, responsibilities and rights of criminal agency is not only a powerful condition for safeguarding one's own rights and interests, but also the key to success. If you have any questions, please feel free to consult our lawyers, and we will have professionals to answer them for you.
Legal objectivity:
Criminal Procedure Law Article 108 The meanings of the following terms in this Law are as follows: (1) "Investigation" refers to the work of public security organs and people's procuratorates to take relevant compulsory measures, collect evidence and find out the facts of criminal cases in accordance with the law; (2) "Parties" refer to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil actions; (3) "Legal representative" refers to the parents, adoptive parents and guardians of the client and the representatives of the organs and organizations responsible for protection; (4) "Participants in litigation" refers to the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and translators; "Agent ad litem" refers to the victim of a public prosecution case and his legal representative or near relative, the person entrusted by the private prosecutor and his legal representative in a private prosecution case to participate in the litigation on his behalf, and the person entrusted by the party involved in an incidental civil litigation and his legal representative to participate in the litigation on his behalf; (6) "Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.