1. What are the legal rights of the lawyer’s attorney?
Except for the application for withdrawal, complaints, and exclusion of illegal evidence, the right to use is not often mentioned. The victim’s claim is the core. In the process of criminal proceedings, the lawyer entrusted by the victim (referred to as the litigation agent in criminal proceedings) These litigation rights are usually exercised, except for the crime of illegally absorbing public deposits and fund-raising fraud.
In cases involving non-suction cases (such as P2P cases), the victimized people involved in the case were positioned as “fundraising participants” rather than “victims” and could not obtain the victim’s litigation rights. Victims in such cases can refer to our article ” P2P suffering the latest rights posture! 》
1, scoring
The victim’s attorney, like the accused, has the right to access the case file.
2. Submit an agent’s opinion
Similarly, the victim’s attorney can also submit opinions on the conviction and sentencing of the case to the court.
3. Can perform the same litigation rights as the defender in the trial
This includes asking the accused, cross-examination, investigation and evidence collection and proof, participation in the debate, etc.
4. File an incidental civil action
A victim who suffers a material loss in a criminal case may entrust a lawyer to file an incidental civil action and demand the defendant to make compensation.
5. Help with criminal reconciliation
Negotiating compensation between the parties is easy to be biased into a quarrel about the right or wrong, and the success rate of the compensation through the lawyer will be higher. Moreover, entrusting a lawyer to negotiate, even if it does not take up too much cheap, at least will not suffer.
6. Other litigation rights
After all, we are rigorous lawyers and we can never say too absolutely.
Second, how to use these litigation rights
Those who have received nine-year compulsory education will read the law, but the key is how these litigation rights should be applied.
This must first determine what the party (victim or family member) is seeking, whether it is the priority to get compensation (or recover the property that was invaded), or give priority to severely punish the defendant.
Or both.
1. Need to severely punish the defendant
In criminal cases, the prosecutor is based on various realities (assessment, perfect evidence, differences in opinions, etc.), and his allegations are not necessarily the most serious crimes. One of the victim’s litigation agent’s position is the assistant of the public prosecutor, who can further supplement the accused facts and characterization by continuing to provide evidence and submit opinions.
- The consequences of the damage of the case: the perfection of “quantity”
In cases of intentional injury, the victim was initially identified as a minor injury, but may have a disability, may be severely injured after the injury has healed, or the disability identification may also add a weight penalty. However, the public prosecutor may be eager to close the case and rush to deliberately injure the alleged minor injury.
Or in the case of infringement of property, the loss of the victim is far more than the allegation of the public prosecutor, but the public prosecutor accused the case of “low or no high” based on the existing evidence.
Under these circumstances, lawyers can further prove the facts of the case by further proofing and applying to the judicial authorities for additional investigations.
- Case Qualification: Supplement to “Quality”
For some cases that are qualitatively controversial, the public prosecution agency may also sue for lesser penalties:
If the fight caused by occasional contradictions in life (you are jealous, you are jealous) caused minor injuries, it may be intentional assault (sentence of 3 years or less), or it may be a crime of seeking trouble (sentence of 5 years or less);
It is a crime of looting (less than 3 years) or a robbery (3-10 years);
In some cases, a traffic accident caused a person to die, which may be a traffic accident (less than 3 years), or a dangerous method of endangering public safety (may be more than 10 years) …
In these cases, if the prosecutor is charged with a lighter penalty, the victim may of course entrust a lawyer to submit an opinion that should be considered as a more serious penalty.
2, need to recover the loss
If the victim (or family member) attempts to recover the loss (acquisition compensation) through criminal proceedings, the best solution is of course to make the defendant and the family voluntarily and proactively compensate through reconciliation or understanding.
The negotiation of criminal reconciliation requires the professional skills of lawyers. In our previous articles, there are references to ” the negotiating points of lawyers in criminal reconciliation “, which will not be repeated.
The above-mentioned lawyer’s work on the consequences of the damage of the case, the qualitative work, or the further filing of the incidental civil action is also an effective means of exerting pressure and forcing the other party to make concessions in the settlement. Of course, we must grasp the timing and measure.
3, both
In some cases of major casualties, victims or their families often pursue both the punishment of the murderer and the compensation.
In the case of a failure to negotiate a settlement, it is also necessary to take into account severe punishment and compensation.
At this time, in addition to legal opinions on facts, evidence, and characterization in a criminal case, lawyers can only obtain compensation through criminal proceedings through criminal incidental civil action or criminal case recovery of stolen goods.
4. In more complicated situations, the handling of criminal cases will also affect the referee of civil cases.
For example, in the case of criminal cases, the representation of the infringer, the facts of infringement, the causal relationship, the sharing of responsibilities, etc., the confirmation of the relevant facts by the victim during the trial, the application of the evidence appearing in the criminal case in civil cases, etc. It may affect the identification and handling of the same infringement facts in civil cases. These also require lawyers to grasp in criminal cases.