Provisions of the Supreme People's Procuratorate on Protecting Lawyers' Right to Practice According to Law
Supreme People's Procuratorate
Provisions of the Supreme People's Procuratorate on Protecting Lawyers' Right to Practice According to Law
People's Procuratorates, Military Procuratorates, and People's Procuratorates of Xinjiang Production and Construction Corps of various provinces, autonomous regions, and municipalities directly under the Central Government:
In order to protect the lawyer's right to practice in accordance with the law, to promote the people's procuratorate to regulate the judiciary, and to safeguard judicial justice, the Supreme People's Procuratorate has formulated the "Provisions on the Protection of Lawyers' Rights to Practice Law," according to the Twelfth Procuratorate of the Supreme People's Procuratorate on December 16, 2014. Thirty-two meetings were passed, and you are now issued, please follow the instructions.
Highest people's procuratorate
December 23, 2014
Provisions of the Supreme People's Procuratorate on Protecting Lawyers' Right to Practice According to Law
Article 1 In order to effectively protect lawyers' right to practice in accordance with the law, serious procuratorial personnel shall be held accountable for the illegal exercise of their functions and powers, promote the people's procuratorate to regulate the judiciary, and safeguard judicial justice. According to the Criminal Procedure Law of the People's Republic of China and the Civil Procedure Law of the People's Republic of China These Provisions are formulated in accordance with the relevant laws and regulations of the Administrative Litigation Law of the People's Republic of China and the Law of the People's Republic of China on Lawyers.
Article 2 The people's procuratorates at all levels and all procuratorial personnel shall fully understand the important role of lawyers in the construction of the rule of law, conscientiously implement the various legal provisions, respect and support lawyers in performing their duties according to law, and provide relevant information for the parties to entrust lawyers and lawyers to perform their duties according to law. To assist and facilitate, to ensure that lawyers exercise their right to practice in accordance with the law, jointly safeguard the unified and correct implementation of national laws, and safeguard social fairness and justice.
Article 3 The people's procuratorate shall protect the exercise of the entrusting power of the parties according to law. The people's procuratorate shall, in handling the case, inform the parties that they have the right to entrust the defender or the litigation agent. The person's procuratorate shall promptly convey the request of the defendant who is in custody or is suspected of living in the designated residence. Where the guardian or close relative of the criminal suspect entrusts a defense lawyer, the criminal suspect shall confirm the entrustment relationship.
The people's procuratorate shall promptly check whether the lawyer accepting the entrustment has the qualification for defense. If it is found that there is no possibility of serving as a defender, it shall promptly inform the parties, lawyers or law firms to terminate the entrustment relationship.
Article 4 The people's procuratorate shall protect the right of the parties to obtain legal aid according to law. Where the legal aid situation is not entrusted to the defender or the litigation agent, the people's procuratorate shall promptly inform the parties that they have the right to apply for legal aid and submit the application materials to the legal aid institution in accordance with relevant regulations. If the people's procuratorate finds that the criminal suspect belongs to the statutory notice defense situation, it shall promptly notify the legal aid agency to assign a lawyer to provide defense. If the criminal suspect refuses legal aid, the cause shall be ascertained and handled in accordance with relevant regulations.
Article 5 The People's Procuratorate shall guarantee the right of lawyers to meet in criminal proceedings in accordance with the law. The People's Procuratorate handles cases of direct investigation and investigation, except for cases of special major bribery crimes. Other cases do not require permission to meet with the law. When a lawyer proposes to meet a suspect in a particularly major bribery case at the investigation stage, the people's procuratorate shall promptly review the decision in accordance with the law and relevant regulations, and reply within three days; after the situation of the investigation disappears, the lawyer shall be notified. See the criminal suspect without permission; before the investigation ends, the lawyer should be allowed to meet the suspect. The People's Procuratorate shall not send personnel to the scene during the meeting, and shall not listen to the contents of the conversations that the lawyers meet in any way.
Article 6 The people's procuratorate shall guarantee the right of lawyers to read the papers according to law. From the date of the case transfer review and prosecution, the people's procuratorate shall allow the defense lawyer to inspect, extract and copy the case file of the case; with the permission of the people's procuratorate, the litigation agent may also inspect, extract and copy the case file of the case. The people's procuratorate shall promptly accept and arrange for the lawyer to read the papers. If it cannot be arranged in time, it shall explain to the lawyer and arrange for it to be filed within three working days. The People's Procuratorate shall, in accordance with the relevant provisions on procuratorial disclosure, improve the Internet and other lawyer service platforms, and equip with necessary facilities such as speed shooting, copying and burning to provide the convenience of lawyers as much as possible. The lawyer's inspection, excerpt, and copy of the case file shall be conducted at a special place set up by the People's Procuratorate. When necessary, the People’s Procuratorate may send personnel to assist in the presence.
Article 7 The people's procuratorate shall guarantee the lawyer's application for collection and transfer of evidence in criminal proceedings. The lawyer collects evidence that the criminal suspect is not at the crime scene, has not reached the age of criminal responsibility, and is a mental patient who is not criminally responsible according to law. If the people's procuratorate is informed, the relevant handling department of the people's procuratorate shall promptly review it.
After the case is transferred to review the arrest or review and prosecution, the lawyer applies to the people's procuratorate in accordance with Article 39 of the Criminal Procedure Law to collect evidence materials collected by the investigation department but not submitted to prove that the suspect is not guilty or guilty. The people's procuratorate shall promptly carry out the case. Review and decide whether to withdraw. Upon examination, if the evidence applied by the lawyer is not collected or is not related to the facts of the case and the decision is not made, the people's procuratorate shall explain the reasons to the lawyer. After the people's procuratorate decides to transfer the relevant evidence materials, the people's procuratorate shall notify the lawyer within three days.
After the case is transferred for review and prosecution, the lawyer applies to the people's procuratorate to collect and collect evidence according to the provisions of the first paragraph of Article 41 of the Criminal Procedure Law. If the people's procuratorate believes that it is necessary to collect and retrieve evidence, it shall decide to collect, retrieve and make a record. Attached; if it is decided not to collect or transfer, it shall explain the reasons in writing. Lawyers can be present when the People’s Procuratorate collects and retrieves evidence based on the lawyer’s application.
Where a lawyer collects materials related to the case from a witness provided by the victim or his close relatives or the victim and submits an application to the People's Procuratorate, the people's procuratorate shall make a decision on whether or not to permit it within seven days. If the people's procuratorate has no permission, it shall state the reasons in writing.
Article 8 The people's procuratorate shall guarantee the right of lawyers to make opinions in litigation in accordance with the law. The people's procuratorate should take the initiative to listen and attach great importance to the opinions of lawyers. If the law does not provide for a stipulation but the lawyer requests to hear the opinions, it shall also arrange for hearing in a timely manner. A written record shall be made to listen to the opinions of the lawyer, and the written opinions submitted by the lawyer shall be attached. If a lawyer proposes a written opinion that does not constitute a crime, is sinful or mitigated, exempts criminal responsibility, has no social danger, is not suitable for detention, and has illegal activities for investigation, the case handler must conduct a review and state the lawyer’s proposal in the relevant working paper. The opinion also explains the circumstances and reasons for adoption.
Article 9 The people's procuratorate shall guarantee the lawyer's right to know in criminal proceedings in accordance with the law. During the investigation, the lawyer informed the people's procuratorate about the suspect's alleged crimes and the main facts of the suspected crimes that were identified at that time. If the criminal suspect was taken, changed, or removed, the people's procuratorate shall promptly inform the law. When directly handling the case investigation and filing case and submitting it to the people's procuratorate at the next higher level for examination and arrest, the people's procuratorate shall inform the lawyer of the application. When the case investigation is terminated and the case is examined and prosecuted, the people's procuratorate shall inform the lawyer of the case transfer.
Article 10 The people's procuratorate shall guarantee the agency rights of lawyers in civil and administrative litigation according to law. In the civil administrative procuratorial work, if the party entrusts a lawyer, the people's procuratorate shall respect the lawyer's rights, listen to the lawyer's opinions according to law, and carefully review the evidence submitted by the lawyer. If a lawyer participates in a hearing of a people's procuratorate case in accordance with the entrustment of the client, the people's procuratorate shall allow it.
Article 11 The people's procuratorate shall earnestly perform its legal supervision duties that impede the lawyer's legal practice. According to the provisions of Article 47 of the Criminal Procedure Law, lawyers believe that public security organs, people's procuratorates, people's courts and their staff members hinder their right to exercise their lawsuits in accordance with law, and appeal or accuse them to the people's procuratorate at the same level or at a higher level, accepting complaints or The accused People's Procuratorate shall sue the procuratorial department to conduct a review within 10 days after acceptance. If the situation is true, notify the relevant authorities or the relevant departments of the hospital and the people's procuratorate at the lower level to correct it, and report the handling of the case to the lawyer in writing; if the situation is not true, it shall Write the case to the lawyer in writing and explain the explanation. The People's Procuratorate shall, in the course of handling the case, find any act that hinders the lawyer from exercising the right to sue in accordance with the law, and shall propose corrective opinions in accordance with the law.
Article 12 Establish and improve the record, notification and accountability system for the procuratorial organs' handling departments and procurators to illegally exercise their functions and powers. The procuratorial organ handling department or the procuratorial personnel in the litigation activities shall obstruct the lawyers from complaining or accusing the litigation rights such as the right of interview and the right to read the papers, and the people's procuratorate accepting the appeal or accusation shall immediately investigate and verify the procuratorial department, and the circumstances shall be lighter. Corrective opinions shall be submitted; if there are serious circumstances such as expanding the scope of the case for permission to meet the case in violation of the regulations, and failing to reply within the specified time, it shall issue a notice of rectification. If the notice is still not corrected or repeatedly corrected, the procurator-general shall be notified to the discipline inspection and supervision department, and the discipline inspection and supervision department shall investigate and deal with it according to relevant regulations. The relevant responsible person shall be given disciplinary action for disciplinary action and shall be recorded in the law enforcement file. Notification.
Article 13: The People's Procuratorate shall take the initiative to strengthen the working relationship with judicial administrative organs, lawyer associations and lawyers, and analyze the problems existing in the exercise of lawyers' right to practice through legal discussions, briefings, exchanges, and regular hearings. , jointly research solutions to jointly improve the quality of business.
Article 14 These Provisions shall come into force as of the date of promulgation. On February 10, 2004, the Supreme People's Procuratorate issued the "Regulations on the People's Procuratorate's Guarantee of Lawyers' Practice in Criminal Proceedings" and the Notice of the Supreme People's Procuratorate on Further Strengthening the Protection of Lawyers' Rights in February 23, 2006. At the same time abolish. Where the relevant provisions promulgated by the Supreme People's Procuratorate are inconsistent with these Provisions, these Provisions shall prevail.
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