Is it necessary for the victim’s side to hire a lawyer in the criminal aspect of an intentional homicide case?
In the course of criminal proceedings, once the procuratorate files a public prosecution, lawyers are usually unable to directly represent the defendant in the criminal case. For the victim’s side, hiring a lawyer is particularly important. A lawyer can not only assist in handling the civil compensation part involved in the case, but can also help the victim deeply understand the complexity of the case and provide professional legal opinions to ensure that the victim’s lawful rights and interests are fully protected.
The relatives of the victim in an intentional homicide case had better hire a lawyer to act as agent, because lawyers possess professional legal knowledge and experience and are able to exercise certain procedures and rights that family members cannot exercise. The family may begin hiring a lawyer at the stage of examination for prosecution. The scope of compensation will depend on the circumstances of the specific case. If one hopes to conclude the case as soon as possible, one may choose to file an incidental civil compensation claim in the criminal case; if one hopes to obtain more comprehensive compensation, one may separately file a civil lawsuit after the criminal judgment takes legal effect.
If one is satisfied with the judgment on the civil part, then there is no need to hire a lawyer again. In any instance, enforcement of civil compensation is the key link. According to Article 216 of the Criminal Procedure Law, the defendant, the private prosecutor, and their legal representatives have the right to appeal. With the consent of the defendant, the defendant’s defender and close relatives may also file an appeal.
In a criminal homicide case, the victim’s family members have the right to entrust agents to participate in the trial of both the criminal and civil parts, and should hire a lawyer as soon as possible in order to obtain legal assistance. The handling process of a homicide case usually includes: after receiving a report, the public security bureau files the case for investigation, inspects the scene, and extracts physical evidence; criminally detains the criminal suspect; after the investigation is concluded, the case is transferred to the procuratorate for examination and prosecution, and finally the court conducts the trial.
The victim’s side may raise an incidental civil action in the public prosecution or file a separate lawsuit. The relevant provision, such as Article 59 of the Criminal Procedure Law, clearly points out that witness testimony can serve as the basis for deciding a case only after being cross-examined and verified in court by both sides, namely the public prosecutor, the victim, the defendant, and the defender.
The defendant in an intentional homicide case has the right to defense. Article 125 of the Constitution of the People’s Republic of China provides: “The defendant has the right to obtain defense.” Article 11 of the Criminal Procedure Law of the People’s Republic of China also provides that the defendant has the right to obtain defense, and the people’s court has the duty to ensure that the defendant obtains the right of defense, including that criminal suspects and defendants have the right to defend themselves throughout the litigation process.
My father was killed by the murderer. Yesterday the procuratorate told me the case had already reached the procuratorate. What should I do?
Facing such a misfortune, you should first remain calm. It is the duty of the procuratorate to publicly prosecute the criminal suspect, the murderer, and for the moment you do not need to intervene directly. However, you may choose to file an incidental civil action in the criminal case and require the criminal suspect to make civil compensation. In this regard, communication with the prosecutor is very important. If you are unfamiliar with the relevant legal procedures, it is strongly recommended that you hire a lawyer to assist in handling the matter.
You may file an incidental civil action in the court or procuratorate, or you may separately file a civil lawsuit after the criminal judgment. However, it is usually recommended to choose an incidental civil action in the criminal case, because this can save litigation costs and may speed up the compensation process. You should understand the murderer’s property situation, so that when the court renders judgment, you can put forward a reasonable compensation claim. You may also apply to the procuratorate for incidental civil compensation, or after the criminal judgment file the compensation claim for the civil part by yourself.
The murderer is arrested by the public security organ. In the handling of criminal cases, the public security organ, procuratorate, and court all have the power to decide arrest of the criminal suspect, but the organ that executes the arrest is the public security organ. As the victim, you need not worry about whether the procuratorate notifies you, because this is not a procedure required by law.
Originally I was called by someone to help in a fight, but as a result I accidentally beat someone to death. How will it be sentenced?
If, in the course of a fight, the other party is accidentally caused to die, the sentence may be fixed-term imprisonment of more than ten years, life imprisonment, or even death. According to Article 234 of the Criminal Law of the People’s Republic of China, whoever intentionally injures another person’s body is originally sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, but if the other person’s death is caused, this belongs to the circumstance of “causing death,” and the punishment will be correspondingly increased.
In this situation, it is recommended that you seek the help of a professional lawyer as soon as possible, because a lawyer can provide you with professional legal opinions and defense. You should actively cooperate with the investigation of the judicial organs and provide a truthful explanation of the situation according to the actual circumstances.
The suspect in a criminal case has already committed suicide. Can a lawyer still be hired?
In the situation where the suspect has already committed suicide, the necessity of hiring a lawyer will be reduced, because the suspect no longer bears criminal responsibility. However, a lawyer can still provide legal consultation and assist in handling follow-up matters related to the case, such as assisting with applications for release on bail pending trial, and acting on behalf of the person in petitions and accusations. It should be noted that the relatives of the suspect have no right to meet, and only lawyers may, upon obtaining permission, conduct a meeting.
In a criminal case, termination of arrest means that because of certain special reasons, such as the suspect having already died, the arrest activity must be terminated. The public security organ will stop the arrest action against the suspect and handle the follow-up matters.
I accidentally killed someone, and now my mind is in chaos. I do not know what to do, and I have been hiding in a small dark internet cafe...
Facing such a predicament, the first thing to do is remain calm. Escape cannot solve the problem and instead may cause the situation to worsen. It is recommended that you surrender to the local public security organ as soon as possible and seek the help of a professional lawyer. Surrender is one of the circumstances provided by law for mitigation or lighter punishment, and may have a positive impact on your sentence.
You should stop hiding, face reality as soon as possible, actively cooperate with the investigation of the judicial organs, provide a truthful explanation of the situation according to the actual circumstances, and bear responsibility. Bearing responsibility is the first step in solving the problem, and at the same time the beginning of rebuilding your life.