Measures for punishment of lawyers' illegal acts

Legal analysis: if a lawyer or law firm commits an illegal act and should be given administrative punishment, the judicial administrative organ shall impose administrative punishment in accordance with the Lawyers Law, the Administrative Punishment Law and relevant laws, regulations, rules and these Measures. Give a warning to the lawyer, stop practicing and revoke the lawyer's practice certificate, give a warning to the law firm, suspend business for rectification and revoke the law firm's practice license certificate, and may also impose a fine as appropriate; If there are illegal gains, the illegal gains shall be confiscated.

Legal basis: Measures for Punishment of Lawyers and Law Firms Article 31 If the judicial administrative organ gives a warning, fines, confiscates illegal income or stops practicing, it shall be executed by the judicial administrative organ of the city divided into districts or the municipality (county) directly under the Central Government where the lawyer's practice institution is located; The punishment for revoking the practice certificate shall be executed by the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government that allows the lawyer to practice.

If the judicial administrative organ gives a warning, fines, confiscates illegal income or suspends business for rectification, it shall be executed by the judicial administrative organ of the city or city (county) district where the law firm is located; The punishment for revoking the practice license shall be imposed by the judicial administrative organs of the provinces, autonomous regions and municipalities directly under the Central Government that have permitted the establishment of the law firm.

Article 32 If a lawyer commits an illegal act as stipulated in Article 47 of the Lawyers Law and Articles 5 to 9 of these Measures, the judicial administrative organ shall give him a warning and may impose a fine of not more than 5,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for less than three months shall be given.

Lawyers who commit illegal acts as stipulated in Article 48 of the Lawyers Law and Articles 10 to 13 of these Measures shall be given a warning by the judicial administrative organ and may be fined up to 10,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, he shall be punished for stopping practicing for more than three months and less than six months.

Lawyers who commit illegal acts as stipulated in Article 49 of the Lawyers Law and Articles 14 to 22 of these Measures shall be punished by the judicial administrative organ for stopping practicing for more than six months and less than one year, and may also be fined less than 50,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, his lawyer's practice certificate shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.