Can the witness be the agent of the unit crime lawsuit?

In some criminal cases, in order to be in a favorable position in the trial, the parties will entrust lawyers as agents ad litem or defenders. So what about whether the witness can be the representative of the unit crime lawsuit? Witnesses are formulated by procuratorial organs and generally cannot be used as agents of cases. The agent is a close relative of the parties and lawyers. 1. Can the witness represent the unit in criminal proceedings? A witness cannot act as an agent ad litem, who is usually a close relative or a lawyer. Witnesses are not appointed by the court, but naturally produced according to the circumstances of the case. The prosecution witness is naturally provided by the prosecution. How is the court appointed? If a unit commits a crime, the criminal responsibility of the directly responsible person in charge and other directly responsible personnel shall be investigated according to law. Links to articles: Criminal Law 1, Article 30 Scope of Criminal Responsibility of Units Companies, enterprises, institutions, organs and groups that commit acts that endanger society shall bear criminal responsibility according to law. 2. Article 31 Principles of Punishment for Crimes Committed by Units If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail. The representative of a unit lawsuit in a unit crime case is not necessarily a party in criminal proceedings, but a participant and agent in criminal proceedings. The current judicial interpretation gives the power to determine and select the litigation representative of the criminal unit to the procuratorate (let the unit propose the candidate, and then the procuratorate will determine it). Whether the litigation representative can give full play to the role of safeguarding the legitimate rights and interests of the unit remains to be discussed. The litigation representative shall be the legal representative or the principal responsible person; If the legal representative or principal responsible person is accused of being the person in charge directly responsible for the crime of the unit or unable to appear in court for objective reasons, the defendant unit shall entrust other responsible persons or employees as litigation agents. However, unless the party is accused of being the other person directly responsible for the unit crime or knows the case and has the obligation to testify. Consequences of the litigation representative's failure to appear in court: the litigation representative is the legal representative or principal responsible person of the defendant unit, and if he refuses to appear in court without justifiable reasons, he may be summoned to appear in court; If he cannot appear in court or his whereabouts are unknown due to objective reasons, he shall request the people's procuratorate to appoint another agent ad litem; If the agent ad litem is other personnel of the defendant unit, the people's procuratorate shall be required to determine the agent ad litem to appear in court separately. Relevant basis 1. Article 106 of the Criminal Procedure Law The meanings of the following terms in this Law are: (4) "Participants in litigation" refer to parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and translators; "Agent ad litem" refers to the victim of a public prosecution case and his legal representative or near relative, the person entrusted by the private prosecutor and his legal representative in a private prosecution case to participate in the litigation on his behalf, and the person entrusted by the party involved in an incidental civil litigation and his legal representative to participate in the litigation on his behalf; Two. Judicial Interpretation Article 278 When accepting a case of unit crime, the people's court shall, in addition to examining it in accordance with the relevant provisions of Article 180 of this Interpretation, examine whether the indictment contains the name, domicile and contact information of the defendant unit, as well as the name, position and contact information of the legal representative, principal responsible person and litigation agent who appeared in court on behalf of the defendant unit. If the people's procuratorate needs supplementary materials, it shall notify the people's procuratorate to submit them within three days. Article 279 The litigation representative of the defendant unit is the legal representative or the principal responsible person; If the legal representative or principal responsible person is accused of being the person in charge directly responsible for the crime of the unit or unable to appear in court for objective reasons, the defendant unit shall entrust other responsible persons or employees as litigation agents. However, unless the party is accused of being the other person directly responsible for the unit crime or knows the case and has the obligation to testify. Article 280 When trying a unit crime case, the agent ad litem of the defendant unit shall be notified to appear in court; If there is no agent ad litem to participate in the proceedings, the people's procuratorate shall be required to determine. If the litigation representative of the defendant unit does not appear in court, it shall be handled according to the following circumstances: (1) The litigation representative is the legal representative or principal responsible person of the defendant unit, and if he refuses to appear in court without justifiable reasons, he may be summoned to appear in court; If he cannot appear in court or his whereabouts are unknown due to objective reasons, he shall request the people's procuratorate to appoint another agent ad litem; (2) If the agent ad litem is other personnel of the defendant unit, the people's procuratorate shall be required to determine the agent ad litem to appear in court. Article 281 The litigation agent of the defendant unit enjoys the litigation rights of the defendant as stipulated in the Criminal Procedure Law. During the trial, the seat of the agent ad litem was arranged on the left side of the trial bench, side by side with the seat of the defender. A witness cannot represent a unit in criminal proceedings. The testimony of witnesses is put forward in accordance with the law and can be used as the basis for finalizing the case. A witness is only a witness and has no right to act as an agent ad litem of the parties. The parties may exercise their litigation rights by themselves or entrust others to exercise them on their behalf, and the trustee has rights only when he produces a power of attorney.