Can a Legal Entity Appoint Another Person as its Legal Representative in Litigation?
Based on Clause 1, Article 434 of the Criminal Procedure Code 2015, the participation of the legal representative of a juridical person in legal proceedings is regulated as follows:
All procedural activities of a juridical person subject to criminal liability are conducted through the legal representative of the juridical person. The juridical person must appoint and ensure that their legal representative fully participates in activities such as prosecution, investigation, prosecution, trial, and enforcement at the request of the authorities and competent individuals.
In cases where the legal representative of the juridical person is prosecuted, investigated, charged, tried, or cannot participate in legal proceedings, the juridical person must appoint another individual as their legal representative to participate in legal proceedings. If the juridical person changes their representative, they must immediately notify the competent procedural authority.
At the time of prosecution, investigation, prosecution, and trial, if the juridical person does not have a legal representative or has multiple legal representatives, the competent procedural authority will appoint one representative for the juridical person to participate in the legal proceedings.
Thus, in cases where the legal representative of the juridical person is prosecuted, investigated, charged, tried, or cannot participate in legal proceedings, the juridical person must appoint another individual as their legal representative to participate in legal proceedings.
Sincerely!