First of all, it is necessary to file a criminal incidental civil action. It is not necessary to have a lawyer, but to find a friend who knows the law as an agent. Secondly, the lawyer's fees in different provinces are different, usually thousands of dollars. Third, collect all relevant documents and hand them over to the court before the trial. For example, if the defendant's crime is subjective and intentional, he can apply for an insider to testify in court, or community, property, etc. Issue certificates. Followed by the identity certificate of the dependents, the child's household registration, that is, the identity information of the victim's close relatives.
The defendant's right to defense:
First, criminal suspects and defendants have the right to defense. The right of defense is the most basic litigation right of criminal suspects and defendants. According to the way of exercising the right of defense, the right of defense of criminal suspects and defendants can be divided into self-defense and designated defense. It should be made clear that criminal suspects and defendants are the subjects of the right of defense, and the purpose of lawyers and defenders participating in litigation at the investigation stage is to assist criminal suspects and defendants to exercise their right of defense according to law. In litigation, the defense lawyer shall not refuse to defend after accepting the entrustment, except that the entrusted matters are illegal, except that the client uses the lawyer to engage in illegal activities or the client conceals the facts. The defendant has the right to refuse the defender to continue to defend him at any time.
Criminal suspects and defendants enjoy the right of defense in the whole criminal procedure, that is, the right of defense runs through the whole criminal procedure.
A criminal suspect can only defend himself in the investigation stage, but he can entrust a lawyer to provide legal advice after the first interrogation by the investigated organ or the day when compulsory measures are taken. Six ministries and commissions stipulate that in the investigation stage, if a criminal suspect hires a lawyer, he or she can be hired by himself or his relatives. If a criminal suspect in custody proposes to hire a lawyer, the detention organ shall promptly convey his request to the relevant investigation organ handling the case, and the investigation organ shall promptly convey his request to the person entrusted by him or his law firm. If a criminal suspect only wants to hire a lawyer, but can't mention the specific object, the investigation organ shall promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him.
For a case of public prosecution, the criminal suspect has the right to hire a defender from the date when the case is transferred for prosecution. In a case of private prosecution, the defendant may hire a defender at any time.
At the trial stage, the defendant who meets the statutory circumstances has the right to entrust a defense. Designated defense can be divided into "can" designation and "should" designation. Among them, the people's court may appoint a lawyer to undertake the defense obligation if the defendant fails to entrust a defender due to financial difficulties or other reasons in a case where the public prosecutor appears in court for public prosecution. The judicial interpretation of the Supreme Law further stipulates that in any of the following circumstances, the people's court may appoint a defender for the defendant:
(a) meet the standards of economic difficulties stipulated by the local government;
(2) I really have no source of income, and my family's economic situation cannot be ascertained;
(3) I really have no financial resources, and my family members are still unwilling to bear the expenses of defense lawyers after repeated persuasion;
(4) In this case, other defendants have entrusted defenders;
(5) Having foreign nationality;
Cases with significant social impact;
⑦ The people's court considers that the procuratorial opinions and the obtained case evidence materials may affect the correct conviction and sentencing.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 58 of the Civil Procedure Law of People's Republic of China (PRC)
The parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.