1. Can the victim hire a lawyer at the investigation stage?
In the investigation stage, the victim can hire a lawyer. In fact, in criminal cases, there is no restriction on the victim's lawyer, and the victim can hire a lawyer at almost any stage. Paragraph 1 of Article 34 of the Criminal Procedure Law stipulates:
commit a crime
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
In the investigation stage, the litigation rights enjoyed by the victim mainly include:
First, enjoy the right to sue and report; The right to request supervision by filing a case;
Second, the right to apply for withdrawal;
Third, the right to know the expert conclusion and the right to apply for re-appraisal or supplementary appraisal;
Fourth, the right to file an incidental civil action.
Two, the conditions for bringing an incidental civil action are
(1) The plaintiff and legal representative who file an incidental civil action meet the statutory requirements;
(2) Having a clear defendant;
(3) There are specific requirements and factual basis for claiming compensation;
(4) The material loss of the victim is caused by the criminal behavior of the defendant;
(5) It falls within the scope of the people's court accepting incidental civil actions.
3. When did the criminal file an incidental civil action?
The incidental civil action shall be initiated after the criminal case is put on file and before the judgment of first instance is announced. Before the judgment of first instance is pronounced, if the person who has the right to bring an incidental civil action fails to do so, no incidental civil action may be brought. However, a separate civil lawsuit may be filed after the criminal judgment takes effect.
In the stage of investigation, pre-trial, examination and prosecution, if the person who has the right to file an incidental civil action makes a claim for compensation to the public security organ or the people's procuratorate, the people's court shall accept it as an incidental civil action after the criminal case is filed; After mediation by public security organs and people's procuratorates, if the parties reach an agreement and pay, and the victim insists on bringing an incidental civil action to the court, the people's court may also accept it.
In fact, many victims did not want to hire lawyers until the investigation stage, but hired lawyers directly after the incident to help them deal with a lot of professional legal knowledge. Because the victim must be very excited about the suspect's emotions, there are many professional problems, which need to rely on lawyers to have a rational understanding. Before sentencing, the victim actually has to do a lot of preparatory work.