Legal basis: According to the provisions of Article 40 of the Criminal Procedure Law, the victims of public prosecution cases and their legal representatives or close relatives, and the parties involved in incidental civil litigation 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 receiving the case materials transferred for examination and prosecution, inform the victim and his legal representative or his near relatives, the parties involved in incidental civil litigation and his legal representative that he has the right to entrust an agent 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.
According to Article 48 of the Interpretation of the Criminal Procedure Law, the duty of an agent ad litem is to safeguard the legitimate rights and interests of the victim, the private prosecutor or the parties involved in incidental civil litigation according to facts and laws.
Article 49 A lawyer, as an agent ad litem, may consult, extract and copy the materials related to this case to understand the case. Other agents ad litem, with the permission of the people's court, may also consult, extract and copy the relevant materials of this case to understand the case. If it is necessary to collect and retrieve materials related to this case, it may be implemented with reference to the provisions of Articles 44 and 45 of this Interpretation.
According to Article 14 of the Provisions of the People's Procuratorate on Safeguarding Lawyers' Practice in Criminal Proceedings, defense lawyers and lawyers entrusted by victims, their legal representatives or close relatives, as litigation agents, can consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the People's Procuratorate examines and prosecutes the case.