1. Can a lawyer be entrusted in a criminal case of private prosecution?
1. A lawyer may be entrusted in a criminal private prosecution case, and the private prosecutor and his legal representative may entrust a lawyer as his agent ad litem.
2, before accepting the entrustment, should review whether the case conforms to the statutory scope of private prosecution cases and filing conditions.
3. Legal basis: Article 160 of the Code for Lawyers' Participation in Criminal Proceedings A lawyer may be entrusted by the defendant in a private prosecution case and his legal representative or close relatives to act as the defendant's defense lawyer.
Second, the difference between criminal private prosecution and public prosecution?
The difference between criminal private prosecution and public prosecution lies in:
1, with different definitions. Private prosecution refers to a criminal case that the victim, his legal representative or his close relatives directly file a lawsuit with the judicial organ in order to investigate the criminal responsibility of the defendant, and the judicial organ directly accepts it.
Public prosecution refers to the litigation activities in which the people's procuratorate files a complaint with the people's court against the criminal suspect's criminal behavior, asking the court to determine the facts of the crime through trial and punish the criminal.
2. The litigants are different. Private prosecution is a lawsuit initiated by the parties themselves, and public prosecution is a lawsuit initiated by the procuratorate.
Public prosecution is a lawsuit filed by the procuratorate on behalf of the state to the court, demanding that the criminal be investigated for criminal responsibility.
3. The conditions for bringing a lawsuit are different. If a party files a criminal private prosecution, it should be within the scope of a private prosecution case, with a clear defendant and a specific claim.
The conditions for the people's procuratorate to initiate a public prosecution include: the facts of the crime have been ascertained and the evidence is true and sufficient.
We can know that lawyers can be entrusted in criminal private prosecution cases according to regulations.
A lawyer may be entrusted by a private prosecutor and his legal representative to act as his agent ad litem.
I hope everyone understands. The above is the content compiled by Bian Xiao. If you don't understand anything, you can consult the relevant lawyer.