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Anonymous users2024-02-11In the case of attached civil litigation in criminal proceedings, it is up to the victim to decide whether or not it is necessary to hire a lawyer. If the case is simple and the subject matter of the appeal is small, they may appear in court themselves or entrust relatives or friends to appear in court. If the case involved is complex and the subject matter involved is large, it is better to ask a lawyer for help.
The law stipulates: Article 44 of the Criminal Procedure Law: Victims of public prosecution cases and their legally-designated persons or close relatives, and parties to attached civil litigation and their legally-designated persons, have the right to retain a litigator from the date on which the case is transferred for review for prosecution. The private prosecutor and his or her statutory ** person in a private prosecution case, and the parties to an attached civil lawsuit and their statutory ** person, have the right to entrust a litigant at any time.
Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the victim and his legally-designated ** person or their close relatives, and the parties to the attached civil litigation and their legally-designated ** person that they have the right to retain a litigant. Within 3 days of accepting a private prosecution case, the people's court shall inform the private prosecutor and his legally-designated ** person, and that the parties to the attached civil litigation and their legally-designated ** person have the right to retain the litigant.
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Anonymous users2024-02-10If you can operate it yourself, you don't need to hire a lawyer, it is not mandatory.
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Anonymous users2024-02-09You can hire a lawyer or not, but it is more beneficial for you to have a professional intervening to protect your rights. If the value of the phone itself is not particularly high, you can consider dealing with it yourself.
If you do it yourself, the direct cost you bear is mainly the litigation fee (paid in advance, and can be borne by the defendant after winning the lawsuit), which is about 100 yuan, depending on the amount of your claim.
The main operating procedures are the preparation of evidence, prosecution (submission of complaints), court hearing, and judgment.
The above opinions are for reference.
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Anonymous users2024-02-08If you have legal knowledge, you can prosecute the case privately.
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Anonymous users2024-02-07Criminal prosecution cases are initiated by the procuratorate. Victims generally do not need to come to a lawyer to defend themselves. However, if the victim feels that it is necessary to hire a lawyer to defend his rights, he can also hire a lawyer on his own, and the court will generally not arrange for it, and the victim's lawyer is generally used to defend the client's rights in the attached civil part of the criminal case.
On the other hand, in criminal cases, the court generally appoints a lawyer to the defendant, and if the defendant is a minor, or may be sentenced to death, etc., if the defendant does not have a defender, the court will notify the Legal Aid Division to appoint a lawyer.
Legal basis: Article 35 of the Criminal Procedure Law: Where a criminal suspect or defendant has not retained a defender due to financial hardship or other reasons, he or her close relatives may submit an application to a legal aid institution. Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide them with a defense.
Where a criminal suspect or defendant is blind, deaf, or mute, or a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct, and has not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense. Where criminal suspects or defendants might be sentenced to life imprisonment or death, and have not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.
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Anonymous users2024-02-06In criminal cases, a lawyer is generally required to defend the client. With regard to criminal prosecutions, should the victim hire a lawyer himself, or should the court arrange a lawyer? I believe that there are several reasons why the victim does not need to hire a lawyer himself.
First of all, criminal prosecutions are initiated by the procuratorate, and the victim does not need to hire an additional lawyer to defend himself. Secondly, the court will not arrange a lawyer for the victim, and of course, if the victim feels the need to hire a lawyer to defend himself, the court will not prevent it. Finally, in a criminal case, the lawyer's defense is very important to the client, and in general, the attached civil part of the criminal case defends the client and protects his rights.
If the client is a minor and does not have a guardian, the court will assign a lawyer from the legal aid center to defend him/her. In conclusion, in a criminal case, the defense of the lawyer is important to the client.
1. Victims of public prosecution cases generally do not hire additional lawyers.
Criminal prosecutions are initiated by the procuratorate, and the victim does not need to hire an additional lawyer to defend himself.
The court will not assign a lawyer to the victim, and of course, if the victim feels the need to hire a lawyer to defend him/herself, the court will not prevent it.
3. The court will not arrange a lawyer, except for minors who do not have a guardian.
In a criminal case, the lawyer's defense is very important to the client, and in general, the attached civil part of the criminal case defends the client and protects his rights. If the client is a minor and does not have a guardian, the court will assign a lawyer from the legal aid center to defend him/her. In conclusion, in a criminal case, the defense of the lawyer is important to the client.
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Anonymous users2024-02-05Of course, you have to hire a lawyer yourself, because this is a very normal procedure, and it is also a very normal thing, because the court generally will not arrange a lawyer for you. So we must look at this rationally.
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Anonymous users2024-02-04Depending on the circumstances, the courts will generally arrange for a lawyer, but the victim may hire a lawyer if he or she feels the need to defend his or her interests.
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Anonymous users2024-02-03In criminal prosecution cases, the victim generally hires a lawyer himself, and the court generally does not take the initiative to arrange a lawyer.
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Anonymous users2024-02-02Get your own lawyer. When facing a criminal case, you need to pay for a lawyer to defend yourself.
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Anonymous users2024-02-01You don't need to hire a lawyer yourself. The prosecutor will directly litigate you as a lawyer. Every prosecutor in the Public Prosecutor's Office is licensed as a lawyer. So they can be your lawyer.
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Anonymous users2024-01-31Legal analysis: According to the actual situation, for criminal proceedings, the victim has the right to participate in the trial of criminal proceedings, so it is the victim's right to hire a lawyer, which may be determined according to his actual situation, and does not need to be handled by the prosecution alone. In addition, if the victim files an attached civil lawsuit, he can also hire a lawyer to appear in court, and Li Sou protects the victim's legitimate rights and interests.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided for in this Law.
Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:
1) Major foreign-related cases;
2) Cases that have a major impact in the jurisdiction;
3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.
Article 119:Prosecution must meet the following requirements:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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