An agent ad litem in criminal proceedings refers to a person who carries out litigation activities in the name of the parties and within a certain scope of authority for the interests of the parties. Due to the different agency rights, it can be divided into legal agent ad litem and entrusted agent ad litem, and the agent ad litem must have litigation capacity; In the name of the client, in order to safeguard the interests of the client, conduct litigation activities; Carry out litigation within the scope of agency authority; The legal consequences of litigation agency shall be borne by the client; Only one party can represent the same case. Agents ad litem are divided into legal agents ad litem and entrusted agents ad litem.
Legal objectivity:
According to the provisions of the Criminal Procedure Law, general criminal cases generally go through three stages, namely, investigation stage (public security organs), examination and prosecution stage (people's procuratorate) and trial stage (people's court). Filing a case: When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction. People's procuratorates have jurisdiction over crimes of corruption and bribery, dereliction of duty by state functionaries, illegal detention, extorting confessions by torture, retaliation and framing, illegal search and infringement of citizens' democratic rights. The criminal cases directly accepted by the people's courts are: 1, and the cases are handled only after being informed; 2. The victim has evidence to prove a minor criminal case; Including intentional injury (minor injury), bigamy, abandonment, obstruction of freedom of communication, illegal intrusion into other people's houses, production and sale of fake and inferior commodities (except those that seriously endanger social order and national interests), infringement of intellectual property rights (except those that seriously endanger social order and national interests) and other minor criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, the defendant may be sentenced to fixed-term imprisonment of not more than three years. 3. Cases in which the victim has evidence to prove that the defendant has violated his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant. Other criminal cases except those under the jurisdiction of the people's procuratorate and directly accepted by the people's court shall be under the jurisdiction of the public security organs. Investigation: The public security organ may impose criminal detention on the flagrante delicto or major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law. If the suspect is arrested, the lawyer hired can apply for bail pending trial. The public security organ shall not detain a criminal suspect for more than two months after his arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level. When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence. Examination and prosecution: When examining a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender. The defense lawyer may consult the case from the date of examination and prosecution by the people's procuratorate.