When a criminal suspect is suspected of a crime, the procuratorate will prosecute him on behalf of the state and ask the court to investigate the criminal responsibility of the criminal suspect, and the person who prosecutes is what we usually call a prosecutor. Article 3 of the Criminal Procedure Law is responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
Therefore, prosecutors are not allowed to hire lawyers. Because the state's right of public prosecution cannot be entrusted out.
Which public prosecution cases allow reconciliation?
Applicable conditions (Article 277 of the Criminal Procedure Law)
In the following cases of public prosecution, the criminal suspect or defendant sincerely repents and obtains the understanding of the victim by means of compensation for losses, apology, etc. , and the victim voluntarily reconciled, both parties can reconcile:
1, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law due to civil disputes, and may be sentenced to fixed-term imprisonment of not more than three years;
2, in addition to the crime of dereliction of duty, may be sentenced to seven years in prison.
If a criminal suspect or defendant who has prohibited conditions intentionally commits a crime within five years, the procedures for conciliation between the parties specified in this chapter shall not apply.
The parties involved in the review process reached a settlement.
1. The public security law shall listen to the opinions of the parties and other relevant personnel.
2. Review the voluntariness and legality of reconciliation,
3, presided over the production of the settlement agreement.
(Article 278 of the Criminal Procedure Law) Effectiveness of Reconciliation
1 The public security organ may make suggestions to the procuratorate for leniency in cases where a settlement agreement is reached.
The procuratorate may put forward suggestions for lenient punishment to the court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The court may punish the defendant lightly according to law. (Article 279 of the Criminal Procedure Law)
Can the prosecutor hire a lawyer? If the public prosecutor has doubts about the rights or obligations he should bear in the course of case litigation, remember to find a lawyer in time. When there are still many questions about the trial of public prosecutors and public prosecution cases, you can consult an online lawyer and get specific answers.