After the people's procuratorate prosecutes the case to the people's court, the lawyer may accept the entrustment of the defendant or his close relatives to act as the defendant's defender.
1. After the lawyer accepts the entrustment, he will examine whether the case falls under the jurisdiction of the court accepting the case. If it is found that the court has improper jurisdiction, it has the right to submit a written request to the court to withdraw or transfer the case.
2. Lawyers have the right to consult, excerpt, and reproduce case materials in the people's court. When consulting case materials, lawyers have the right to apply to the people's court to notify the procuratorate of supplementary transfer if they find that there is a lack of materials that the procuratorate must transfer according to law.
3. Lawyers have the right to meet with the defendant, listen to the statement and defense of the defendant, verify the facts of the case and evidentiary materials, and find out whether the defendant has been detained for an extended period of time and whether his legitimate rights and interests have been harmed. Introduce the court proceedings to the defendant, and inform the defendant of the litigation rights, obligations and matters that should be paid attention to in the court trial.
4. During the trial stage, lawyers may investigate and collect evidence materials related to the case according to the actual situation in accordance with the law.
5. Lawyers appear in court in accordance with the law, participate in court investigations and court debates, and safeguard the legitimate rights and interests of defendants.
6. After the first-instance judgment, the lawyer has the right to obtain the judgment. During the appeal period, the lawyer may meet with the defendant, listen to his opinions on the content of the judgment and whether to appeal, and provide legal help.
Serving as the second-instance defender in public prosecution cases
1. After accepting the entrustment, at the request of the defendant, the defense lawyer may assist or write an appeal on his behalf.
2. The defense lawyers of the second instance can read files, meet with the defendant, investigate and collect evidence (same instance).
3. Provide defense opinions to the people's court in accordance with the law to safeguard the legitimate rights and interests of the defendant.
Acting as the victim's attorney
1. Lawyers may accept the entrustment of legal representatives of victims of public prosecution cases, close relatives of deceased victims, or persons with limited capacity to act as their ad litem.
2. After accepting the entrustment, the lawyer shall provide legal advice and other legal assistance to the client.
3. The attorney shall ask the people's court whether the case will be heard in public before the hearing. If the case involves the privacy of the victim, the people's court may be requested to not hear the case in public.
4. The attorney shall inform the victim that he has the right to apply for recusal of the members of the collegial panel, the clerk, the public prosecutor, and the appraisal personnel, and assist the victim in exercising this right.
5. During the court hearing, the attorney shall guide and represent the client to exercise litigation rights in accordance with the law.
6. During the court hearing, the attorney and the public prosecutor cooperate with each other, exercise the function of accusation in accordance with the law, and debate with the defendant and his defender. If the proxy opinion is inconsistent with the public prosecution opinion, the proxy opinion shall be independently expressed from the perspective of safeguarding the legitimate rights and interests of the victim.
7. If the victim and his legal representative refuse to accept the first-instance judgment, the attorney may assist or represent the client, and within five days after receiving the judgment, request the people's procuratorate to protest.
Ad litem or defender of the parties in private prosecution cases
Acting as attorney for private prosecutor
Lawyers may be entrusted by private prosecutors and their legal representatives to act as their ad litem agents.
1. The attorney assists the private prosecutor to analyze the case, determine the defendant and the competent court, investigate and understand the relevant facts and evidence, and write the criminal complaint.
2. If the private prosecutor requests civil compensation at the same time, the attorney can assist him in making a criminal attached civil complaint, stating the damage caused by the defendant's criminal behavior, the specific compensation request and the calculation basis.
3. If the court makes a decision not to file a private prosecution case, the lawyer may represent the private prosecutor to apply to the people's court for reconsideration.
4. Representing lawyers to attend court hearings in accordance with the law to help private prosecutors exercise their right to sue.
Defendants in private prosecution cases
A lawyer may be entrusted by the defendant in a private prosecution case as a defender.
Acting as an ad litem for a party to an incidental civil lawsuit
Lawyers may accept the entrustment of victims of public prosecution cases, private prosecutors and their legally-designated representatives in private prosecution cases, and act as ad litem agents for incidental civil lawsuits in the first and second-instance proceedings.
Lawyers may accept the entrustment of defendants and their legally-designated representatives in incidental civil lawsuits to act as ad litem agents in the first-instance and second-instance proceedings.