Accept entrustment to report a crime [public security investigation stage]

Victims have the right to report, accuse and report crimes in accordance with the law, but the criminal investigation power of the police is essentially a public power. Whether it is activated does not depend on the will of the victim. The victim's role is mainly to provide the facts of the case.

In reality, after victims discover that their rights have been violated, they will usually report the case on their own as soon as possible for natural crime cases with simple and clear facts. However, for some cases, the facts and legal relationships are complicated, especially those involving criminal and civil crimes and the nature of the case is more controversial. In some cases, it is often difficult for victims to report or accuse themselves. Therefore, there may be a strong demand for legal services objectively, which raises the question of whether lawyers accept the client's entrustment to report the case.

Article 46 of the Criminal Procedure Law of the People's Republic of China stipulates:

Victims of public prosecution cases and their legal representatives or close relatives , as well as parties to attached civil lawsuits and their legal representatives , have the right to entrust agents ad litem from the date the case is transferred for review and prosecution . Private prosecutors and their legal representatives in private prosecution cases , and parties to attached civil lawsuits and their legal representatives have the right to entrust litigation agents at any time .

It can be seen that during the investigation stage of a public prosecution case, the victim does not have the right to entrust an agent ad litem, and the lawyer naturally cannot intervene in the process as an agent ad litem. However, this does not mean that the lawyer cannot provide any legal services. Common legal services include legal consultation and writing of letters of attorney. Legal services are still available. Victims in private prosecution cases can entrust an agent at any time, and since there is no public intervention in private prosecution cases, the lawyer actually acts as an agent to collect evidence and form private prosecution materials before directly filing a criminal private prosecution with the people's court. There is a problem with reporting the crime.

In practice, during the investigation stage of public prosecution cases, lawyers cannot intervene in the investigation process as litigation agents, but they can accept the client's entrustment and provide legal consultation, agency and other legal services. In private prosecution cases, lawyers can accept the victim's entrustment at any time to provide corresponding investigation and evidence collection, agency services, and agency services. FasterLawyer recommends that lawyers be loyal to the facts of the case and the law, and not to falsify evidence or make false accusations.