2. Article 44 of the Criminal Procedure Law of People's Republic of China (PRC), the victims of public prosecution cases and their legal representatives or close relatives, the parties involved in incidental civil actions and their legal representatives have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution. The private prosecutor and his legal representative in a case of private prosecution, and the parties to an incidental civil action and their legal representatives have the right to entrust an agent ad litem at any time.
The people's procuratorate shall, within three days from the date of receipt of the case materials transferred for examination and prosecution, inform the victims and their legal representatives or their close relatives, the parties involved in incidental civil litigation and their legal representatives that they have the right to entrust agents ad litem. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative, the parties to an incidental civil action and his legal representative that they have the right to entrust an agent ad litem.
3. Reply of the Supreme People's Court on the Issues of Entrusted Agent and What Litigation Rights the Agent enjoys in Public Prosecution Cases.
Issuing Authority: the Supreme People's Court.
Document number: Fafu [1992] 1
Release date: 1992- 1-22
Implementation date: 1992- 1-22
Fujian Higher People's Court Beijing Higher People's Court:
Your request for instructions on whether the victim of a public prosecution case has died and his close relatives can entrust an agent to participate in the litigation and what litigation rights the victim of a public prosecution case should enjoy when entrusting a lawyer to represent him has been received. After study, the reply is as follows:
1. According to Item (3) of Article 2 of the Provisional Regulations on Lawyers, lawyers' business includes accepting "the entrustment of victims of public prosecution cases and their close relatives to act as agents and participate in litigation." Therefore, if the victim of a public prosecution case is not dead, the people's court shall allow the victim to entrust a lawyer as an agent to participate in the proceedings; If the victim has not entrusted a lawyer, his close relatives may also entrust a lawyer as an agent with the consent of the victim. If the victim of a public prosecution case has died, the people's court should also allow the close relatives of the victim to entrust a lawyer as an agent to participate in the proceedings, so as to fully protect the legitimate rights and interests of the victim.
Second, lawyers who represent victims in public prosecution cases shall enjoy litigation rights in accordance with the Criminal Procedure Law, the Provisional Regulations on Lawyers, the joint notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on certain specific provisions concerning lawyers' participation in litigation [(8 1) Fa Yanzi No.6] and some supplementary provisions on lawyers' participation in litigation [(86) Si Fa I Zi No.6544]. During the trial, with the permission of the presiding judge, you can ask and answer questions during the court investigation, present the principal offender's opinions to the court, participate in the debate and express opinions on the handling of the case.