The parties in criminal proceedings include victims, defendants, their defenders and legal representatives. At the same time, it should be noted that a person who is being punished by criminal punishment or deprived or restricted of personal freedom according to law may not act as a defender.
Legal objectivity:
The "parties" in litigation refer to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil litigation. 1. Victims: Victims in criminal proceedings usually refer to victims in public prosecution cases. (1) According to the provisions of the Criminal Procedure Law, in addition to some litigation rights enjoyed by other parties, the victim also enjoys some unique litigation rights: ① from the date when the case is transferred for review and prosecution, he has the right to entrust an agent ad litem; (two) have the right to report and accuse the criminal facts or criminal suspects who infringe upon their personal and property rights, and request the relevant authorities to file a case; (3) if the public security organ refuses to file a case, it has the right to know the reasons and may apply for reconsideration; If the public security organ should file a case for investigation without filing a case for investigation, it has the right to file a complaint with the people's procuratorate, which will ask the public security organ to explain the reasons and correct it; (4) The people's procuratorate has the right to bring a public prosecution to the people's procuratorate at the next higher level, or directly bring a lawsuit to the people's court without appeal; (5) If the victim has evidence to prove that the defendant has infringed upon his personal and property rights, he shall be investigated for criminal responsibility according to law, and if the public security organ or the people's procuratorate refuses to investigate the criminal responsibility of the defendant, the victim has the right to file a private prosecution with the people's court; 6. Those who refuse to accept the judgment of first instance of local people's courts at all levels have the right to request the people's procuratorate to protest. (2) Litigation obligations of the victim: ① truthfully state the facts of the case to the public security and judicial organs; (2) Accept summons from public security and judicial organs and appear in court on time; (3) Abide by the court order, accept questions and answer questions in court. 2. Private prosecutor: a person who directly brings a criminal lawsuit to the people's court in his own name in a case of private prosecution, requesting that the defendant be investigated for criminal responsibility. The private prosecutor assumes the function of accusation. (1) The main litigation rights of the private prosecutor are: ① direct private prosecution to the people's court; (2) Entrust an agent ad litem at any time; ③ Reconciliation with the defendant or withdrawal of private prosecution; 4. Accept mediation (specific case); ⑤ Participate in court investigation and court debate; 6. Apply for withdrawal; 7. After the court accepts the case, if it is unable to obtain evidence due to objective reasons, it shall apply to the court for investigation and evidence collection; (8) filing an appeal; Pet-name ruby filed an incidental civil action; Attending to appeal against the effective judgment, request for retrial, etc. (2) The main litigation obligations of the private prosecutor are: ① the private prosecutor bears the burden of proof; (2) fabricating facts and evidence should bear the legal responsibility of false accusation and frame-up; The private prosecutor should participate in the proceedings in person. Article 17 1 of the Criminal Procedure Law adds that if a private prosecutor refuses to appear in court without justifiable reasons after being summoned twice according to law, or withdraws from court without the permission of the court, the prosecution will be dismissed. 3. Criminal suspect and defendant "Criminal suspect" and "defendant" are two names for people who are suspected of committing crimes and are subject to criminal investigation. In the case of public prosecution, before the procuratorial organ brings a public prosecution to the people's court, the person who is criminally prosecuted is called a "criminal suspect"; After the procuratorial organ formally files a public prosecution with the people's court, it is called the "defendant". (1) Litigation status of criminal suspects and defendants: ① Criminal suspects and defendants are litigants who enjoy a series of litigation rights and occupy the position of litigants. ② The criminal suspect and the defendant have a direct interest in the outcome of the case and are in the position of the defendant. ③ Criminal suspects and defendants themselves can also be important sources of evidence. The litigation rights of criminal suspects and defendants can be divided into defense rights and relief rights according to their different nature and functions. The right of defense refers to the litigation right enjoyed by criminal suspects and defendants in order to refute the accusation of procuratorial organs and offset the effect of their own accusation. The right of relief refers to the litigation right of a criminal suspect or defendant to request another special organ to review, change or revoke the acts, decisions or judgments made by the special organs of the state. (2) The right of defense enjoyed by criminal suspects and defendants mainly includes: ① the right to use the spoken and written languages of their own nationalities in litigation; (2) having the right to be defended by himself or a defender; Have the right to obtain legal aid from a lawyer appointed by the court according to legal conditions; Have the right to refuse the defender to continue to defend him, and also have the right to entrust other defenders to defend him; (3) Have the right to refuse to answer questions irrelevant to the case raised by investigators; (4) Having the right to hire a lawyer to provide legal advice, represent complaints and charges and apply for bail pending trial on behalf of the investigation organ from the date of first interrogation or compulsory measures; ⑤ Have the right to receive a copy of the indictment 10 days before the court session; ⑥ Have the right to participate in court investigation, state the alleged facts, ask questions to witnesses and expert witnesses, identify and identify material evidence, listen to the testimony transcripts of witnesses who did not appear in court, expert witnesses' appraisal conclusions, inspection transcripts and other evidence materials, and express opinions on the above written evidence; Have the right to apply for notifying new witnesses to appear in court, obtaining new material evidence and applying for re-appraisal or inspection; All landowners have the right to participate in court debates, express opinions on evidence and cases, and argue with each other; Have the right to make a final statement to the court; The defendant in a private prosecution case has the right to file a counterclaim against the private prosecutor, and so on. (3) The relief rights enjoyed by criminal suspects and defendants mainly include: ① the right to apply for withdrawal and the right to apply for reconsideration of the decision to reject the withdrawal application; (two) have the right to sue for infringement of their litigation rights and personal insults; (3) People's courts, people's procuratorates and public security organs have the right to demand cancellation if compulsory measures are taken beyond the statutory time limit; (4) Have the right to appeal to the people's procuratorate against the decision of non-prosecution made by the people's procuratorate in accordance with the second paragraph of Article 142 of the Criminal Procedure Law; ⑤ If a criminal suspect or defendant is detained, he has the right to apply for bail pending trial; ⑥ Have the right to appeal to people's courts and people's procuratorates against legally effective judgments and rulings of people's courts at all levels, and so on. All landowners have the right to appeal to the people's court at the next higher level in written or oral form against the judgments and rulings of first instance made by local people's courts at all levels. (4) procedural guarantees enjoyed by criminal suspects and defendants: ① No one shall be found guilty without a judgment by the people's court according to law; (2) The trial shall be conducted by a people's court in public; (3) Get an independent and fair trial by the people's court; (4) In criminal proceedings, it is forbidden to extort a confession by torture, threaten, seduce, cheat or interrogate by other illegal means; ⑤ No compulsory measures such as illegal arrest, detention, bail pending trial or residential surveillance have been taken. It is carried out by investigators and is not subject to illegal search and seizure by investigators; ⑥ The penalty shall not be aggravated when appealing, and so on. (5) The obligations of criminal suspects and defendants mainly include: ① If the legal conditions are met, compulsory measures such as arrest, detention, residential surveillance and summoning shall be taken; (2) Accepting investigation acts such as interrogation, search and seizure by investigators; (3) Interrogation of investigators shall be answered truthfully; (four) to undertake the prosecution of the procuratorial organs, and to attend and accept the trial on time according to law; ⑤ Abide by court discipline and obey the judge's command; ⑥ Have the obligation to execute or assist in the execution of effective rulings and judgments. 4. Parties to incidental civil action: including plaintiff and defendant in incidental civil action. (1) The concurrent litigation rights of the parties in incidental civil litigation mainly include: ① application for withdrawal; (two) to participate in the fact investigation and debate of incidental civil litigation; (3) Entrusting an agent ad litem; (4) Appeal against the judgment of incidental civil action. Plaintiffs with incidental civil affairs have the right to claim compensation and cancellation, and the right to request mediation to reach a settlement. (2) The parties to an incidental civil action shall truthfully state the case, accept investigation and trial, and execute the incidental civil judgment. The plaintiff in an incidental civil action has the obligation to provide evidence for the claim. 5. Party of the unit (1) The Supreme Court of the unit criminal suspect and defendant interprets 208th's article: "The agent ad litem appearing on behalf of the defendant unit shall be the legal representative or principal responsible person of the unit; If the legal representative or principal responsible person is accused of being the person in charge directly responsible for the unit crime, other responsible persons of the unit shall appear in court as the litigation representative of the defendant unit. " The Interpretation also stipulates that in the trial stage, if the litigation representative of the defendant unit and the person in charge who is directly responsible for the crime of the unit are the same person, the people's court shall request the people's procuratorate to separately determine the litigation representative of the defendant unit to appear in court. The litigation representative of the defendant unit notified to appear in court shall appear in court. If he refuses to appear in court, the people's court may summon him by force. The litigation rights and obligations of unit criminal suspects and defendants are basically the same as those of natural person criminal suspects and defendants. The Supreme People's Court's explanation made the following special provisions: the defendant of the unit has the right to entrust a defender. Agents ad litem have the obligation to appear in court. When the people's court decides to open a court session to accept a unit crime case, it shall notify the agent ad litem of the defendant unit to appear in court. The litigation representative of the defendant unit who has received the notice of appearing in court shall appear in court. If a person refuses to appear in court, the people's court may summon him by force when necessary. Specialized agencies have the right to take special compulsory measures against the property of units. The Supreme People's Court explained Article 2 14: "In order to ensure the execution of the judgment, the people's court may seal up and freeze the property of the defendant unit in advance according to the specific circumstances of the case, and the defendant unit may also provide a guarantee." (2) The unit victim is generally a natural person, but the unit can also become a victim. The litigation rights and obligations of unit victims in criminal proceedings are basically the same as those of natural persons as victims.