[Direct answer]Yes. According to Article 46 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the victim and his legal representative or close relatives of a public prosecution case have the right to appoint a litigation agent from the date the case is transferred for review and prosecution. If the victim suffers material losses due to the defendant's criminal act, he may also file a concurrent civil action in the criminal litigation process in accordance with Article 101. Although the victim's family cannot intervene as litigation agents in the investigation stage, they can entrust lawyers to file complaints and apply for case filing supervision on their behalf. It is recommended to appoint a lawyer as soon as possible to sort out the evidence of compensation and participate in the sentencing opinion, so as to maximally safeguard the rights and interests of the victim. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

In cases of intentional injury, traffic accidents, and intentional homicide, family members often believe that "the procuratorate will investigate for us," ignoring their own procedural rights under the law: they don't know they can appoint litigation agents, don't grasp the progress of the case, and lack channels to formally express their opinions on sentencing; the scope of incidental civil compensation is unclear, and they miss the opportunity to claim compensation. When Beijing courts handle personal injury cases, they carefully review the victim's attorney's opinions and compensation evidence, and professional intervention directly affects the determination of compensation amounts and sentencing circumstances. Especially in cases involving serious injuries and deaths, medical treatment, funeral expenses, and support for dependents are complex items, which require systematic organization of evidence.

II. Key points of contention

The practical disputes focus on three points. Firstly, the timing of intervention: in public prosecution cases, litigation agents can only be appointed from the date of transferring the case for examination and prosecution. During the investigation stage, the family's remedies mainly include accusations, appeals, and applications for supervision of case filing. Secondly, the conversion between public prosecution and private prosecution: when the public security and procuratorial organs decide not to prosecute, the victim who meets the conditions for private prosecution can initiate private prosecution. Thirdly, the scope of incidental civil compensation: material losses can be claimed, but compensation for mental damage is generally not within the scope of incidental civil litigation; the compensation situation, in turn, affects the sentencing and reconciliation. For the calculation of personal injury compensation items, reference can be made to the relevant provisions of the Civil Code.Personal injury and medical dispute services.

III. Professional analysis by Henglue Lawyers

Many criminal cases handled by Henglue Law Firm show that lawyers can substantially influence the progress of cases at every procedural node. Firstly, in the compulsory measures stage: H * was arrested on July 23, 2024 on suspicion of causing a disturbance, and was approved for arrest by the procuratorate on August 7. Attorney Yuan Hang submitted an application for review of the necessity of detention to the procuratorial organ on the grounds of no social danger, poor physical condition, willingness to actively compensate, having a fixed residence in Beijing, basic facts being clarified, and being a first-time or occasional offender. As a result, the compulsory measures were changed to bail pending trial. This case was handled by Beijing Henglue Law Firm.Yuan Hang1. The attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. 2. During the review and prosecution stage: In the case of Y * and Z * injuring each other in a fight, the attorney systematically demonstrated the justifiable defense from four aspects: cause, urgency, target, and limits. The procuratorate accepted the attorney's opinion and made a decision not to prosecute. 3. During the trial stage: In the second instance of Liu *'s dangerous driving case, the attorney argued that there were procedural flaws such as the defendant signing the plea agreement without a lawyer present and irregular procedures for sending blood samples for testing. As a result, the original judgment was revoked and the case was remanded for retrial. These experiences are also applicable to representing victims: Organize the attorney's arguments around fact determination, sentencing circumstances, and compensation claims. By making full use of procedural rights, it becomes easier to achieve substantive results.

IV. Practical suggestions and legal basis

The legal basis is Article 46 (Time and Subject of Entrusting a Litigation Agent), Article 101 (Initiation of Ancillary Civil Actions), and Article 108 (Scope of Close Relatives) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), as well as Article 36 (Compensation for Economic Losses) of the Criminal Law of the People's Republic of China (implemented on October 1, 1997 and amended several times, with the current effective version prevailing). Practical suggestions: First, determine the entrusting subject - the victim himself or his surviving spouse, parents, children, and siblings, and handle the entrustment formalities; Second, collect medical bills, death or disability certificates, loss of work and nursing certificates, and certificates of the supported persons and property losses; Third, after the case is transferred for review and prosecution, submit the attorney's opinions and sentencing suggestions in a timely manner; Fourth, proceed with the ancillary civil claims in parallel with the criminal proceedings, and finalize the compensation in a written agreement during the reconciliation process. If the compensation is implemented after the judgment, it can be connected to the follow-up procedures.Creditor-debtor relations and enforcement case servicesApply for enforcement.

5. Henglu Law Firm's Reminder

Compensation and understanding are two interconnected processes: active compensation may lead to a more lenient sentence, but the letter of understanding should be issued on the basis of reciprocity, in writing, and enforceable, to avoid the situation of "giving a letter of understanding first, but failing to obtain compensation". Throughout the process, attention should be paid to deadlines - incidental civil claims should be raised before the first-instance criminal judgment; if there are objections to the decisions of not filing a case or not prosecuting, there are deadlines for both review and private prosecution. If the victim is an enterprise entity, it can also be combined with other measures.Business and contract dispute services for enterprisesWhen assessing claims for business losses, it is necessary to seek assistance when necessary.Special services and other case servicesCoordinate and organize multiple lines of legal protection measures.

VI. Frequently Asked Questions

Q1: Is it useful for the victims' families to hire lawyers to participate in criminal litigation?

It's useful. Public prosecution is led by the procuratorate, but the claims for compensation, sentencing opinions, and procedural rights rely on the victims themselves to promote. Lawyers can submit agency opinions at the review and prosecution stage, and express their views on the determination of the crime and sentencing proposals; attend the trial to cross-examine, debate, and represent in the accompanying civil litigation; and, if the public security organ refuses to file a case or the procuratorate refuses to prosecute, they can also apply for a review or initiate a private prosecution. Professional intervention can help victims' claims gain the attention of the court, and substantially influence the determination of compensation and sentencing circumstances.

Q2: What materials do family members need to prepare when appointing a lawyer?

In terms of identity and authorization: proof of the client's kinship with the victim (marriage certificate, birth certificate, household registration file), the victim's identity materials, power of attorney and law firm procedures. In terms of compensation: medical bills, proof of loss of income and nursing care, death or disability certificates, a description of the dependents' situation, and certificates of property losses. Information on the progress of the case can be obtained through the case-handling authority or the lawyer. The more complete the materials are, the more support the attorney's opinions and compensation claims will have, and it will also be easier for the lawyer to apply for evidence collection and judicial appraisal in a timely manner.

Q3: How much does it cost for the victim to hire a lawyer?

The agency fee is determined through consultation between the law firm and the client, and can be calculated on a per-stage or hourly basis, subject to the terms of the engagement contract. Note that risk-based fees are not allowed for criminal and ancillary civil litigation representation. Any promises of "sharing the fees after winning the case" are considered illegal. Ancillary civil litigation does not incur litigation fees when accepted by the court, and the costs are relatively manageable. When signing the contract, clarify the representation stages, fees, and reimbursement items, and require the law firm to issue invoices. Pay the fees in stages and keep the receipts to avoid arbitrary price increases in the future.

Q4: From reporting the case to the sentencing, what stages do family members go through, and how long does the process generally take?

The investigation stage typically lasts two to seven months (generally two months after the arrest, and the investigation detention can be extended according to law in complex cases); after the case is transferred for review and prosecution, a decision is usually made within one month, and the period can be extended by half a month. The number of times the case is returned for supplementary investigation is limited to two times; the first-instance ordinary procedure issues a verdict within two months, and the latest deadline is no more than three months. Major and complex cases can be extended according to law; the second-instance appeal and counter-appeal usually lasts two months. The accompanying civil and criminal cases are heard simultaneously. The whole process lasts for several months to over a year, and family members should maintain regular communication with their lawyers during this period.

Q5: After the incident, what should the family do first?

Firstly, confirm the jurisdiction of the case and the detention facility, and hire a lawyer as soon as possible to understand the progress, file a complaint, or meet representation needs. Secondly, as a victim or close relative, handle the entrustment formalities and keep the entrustment contract and receipts. Thirdly, systematically sort out the evidence of compensation (medical treatment, funeral expenses, loss of income, dependents, etc.) to prepare for the incidental civil action. Fourthly, maintain communication with the lawyer and the case-handling organ and submit representation opinions. Never contact the other party or witnesses privately, to avoid being accused of affecting the fair handling of the case.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.