Zhang was prosecuted according to law for alleged fraud. Zhang thought he was instigated, fearing that he could not fully protect his legitimate rights and interests in court, and wanted to entrust a lawyer to defend himself. So his father Zhang Damou came to a law firm to handle the entrustment for him. Then, how to write the power of attorney for criminal defense?
The lawyer answered the question.
The power of attorney for criminal defense refers to the entrustment agreement signed by the criminal suspect and the defendant, which gives the agent the right to exercise litigation rights and perform litigation obligations, and the agent accepts the entrustment to defend him. A criminal power of attorney generally includes the following contents: (1) The title is "Criminal Power of Attorney". (2) Text: indicate the client, the client and who to entrust to defend the case, and indicate the beginning and end of the entrustment period. (3) Signature of the client: the client signs or seals, and indicates the date. If it is an enterprise, it shall be stamped with the official seal of the enterprise and signed by the legal representative.
The power of attorney for criminal defense may refer to the following formats:
Power of attorney for criminal defense
(×)No. ××
In the case of Zhang's fraud, the party Zhang specially hired Liu Moumou, a lawyer of XX Law Firm, as Zhang's defender. This power of attorney shall be valid from the date of signature by both parties until the case is closed.
Client: Zhang.
×××× Year×× Month× Day
(This agreement is made in triplicate, one for the client and the law firm, and one for the people's procuratorate or the people's court).
The article links to the Criminal Procedure Law of People's Republic of China (PRC).
Article 35 A defender shall, according to facts and laws, put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of a criminal suspect or defendant, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 36 A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Collection of cases
The power of attorney for criminal defense is the basis for defenders to defend. Entrusting legal professionals to defend is not only conducive to the smooth development of court trial procedures, but also conducive to protecting the legitimate rights and interests of criminal suspects and defendants.