**Short version**: Is it a common practice (and a valid practice) to hardcode an element $d \in \mathcal{L}$ of a language into a simulator? (making the simulator non-uniform and non-constructive)

**Long version**:

I have a prover $P$ that does the following: it takes a bit string $d \in \mathcal{L}$ for some languages in $\textsf{NP}$, then it encrypts $d$ using a CPA-secure encryption to obtain an encryption $k$, and it sends a Non-Interactive Zero-Knowledge (NIZK) proof $\pi$ proving that $k$ encrypts a message $d \in \mathcal{L}$. I would like to say now that this scheme does not leak much information on $d$, in the sense that there exists a simulator $Sim$ such that for any malicious non-uniform verifier $V^*$:
$$\{Sim(V_\lambda^*)\}_{\lambda,d} \stackrel{comp}{\equiv} \{\textsf{OUT}_{V^*}(P_\lambda(d)\leftrightarrow V^*_\lambda)\}_{\lambda,d}$$

(the $\{X_{\lambda,d}\}_{\lambda,d}\stackrel{comp}{\equiv}\{Y_{\lambda,d}\}_{\lambda,d}$ symbol denotes computational indistinguishability: for any non-uniform distinguisher $D$, there exists a negligible $\mu$ such that for all $\lambda \in \mathbb{N},d \in \mathcal{L}$, $|\Pr[D_\lambda(X_d)]-\Pr[D_\lambda(Y_d)]| < \mu(\lambda)$)

Without the NIZK part, the proof is simple: my simulator would just pick a random $d'$ and encrypt it into $k'$: I can't distinguish $k$ and $k'$ without breaking CPA security. Intuitively, adding a NIZK proof should not leak more information... However I'm not sure how to deal with that case: I have an idea, but it looks quite strange to me (I never saw that kind of method before), and I'm a bit dubious about it.

My main issue is that if I input a random $d'$ to the NIZK, then $d'$ may not belong to $\mathcal{L}$, so I cannot use the NIZK simulator, which expects $k$ to be an encryption of a $d \in \mathcal{L}$. So my idea is to say that if $\mathcal{L}$ is not empty, then there exists a string $d' \in \mathcal{L}$ (which may or may not be equal to $d$). Then, if I encrypt this string into $k'$, $k'$ is now a "valid" element to input to the NIZK simulator. So I could just run the NIZK simulator now with $k'$ to obtain the $Sim$ I wanted: the final proof of indistinguishability would add an intermediate distribution, in which we use $k$ with the NIZK simulator: the first two games should be impossible to distinguish due to the NIZK property, the second two games should be impossible to distinguish due to the CPA property. (I still need to write this sketch of proof formally to verify if it does not contain a stupid mistake).

However, hardcoding an element of $\mathcal{L}$ into $Sim$ looks a bit weird to me (notably because the simulator is not constructive, and non-uniform since for any size of $d$ we need a different $d'$). Is it something common/valid in Zero-Knowledge proofs, or am I missing something?