As a defender, lawyers' participation in criminal proceedings is the most important embodiment of human social civilization and progress, sound rule of law and judicial democracy. Fundamentally speaking, lawyers' criminal defense activities are manifested in the confrontation between "private rights" (criminal suspects or defendants) and "public rights" (national criminal prosecution rights) represented and maintained by lawyers within the legal scope. The basis of lawyers' right of criminal defense is that the national judicial system enjoys the right of defense for criminal suspects or defendants and can entrust lawyers to defend them. Its rationality stems from the fact that anyone has the right to say "no" to this negative evaluation or defend himself before the national judicial power determines whether he is guilty or not and how to punish him.
Between light and darkness, justice and evil, honesty and cunning, kindness and malice, weakness and cruelty, criminal defense lawyers always choose and represent the likely dark side. Perhaps it is this one in ten thousand possibility that a scientific, democratic and civilized system has been established in the construction of human judicial system, effectively avoiding and eliminating unjust, false and wrong cases caused by criminal arbitrariness.
It is conceivable that a criminal defense lawyer who walks between justice and evil has countless reasonable reasons. She needs to get a sacred sword, not only to legally establish and protect the lawyer's criminal defense itself, but also to fundamentally confirm and protect the law. All professional behaviors of lawyers in criminal defense activities should be exempted, that is, professional behaviors of criminal defense lawyers. No matter how effective, no matter whether the facts expressed by this behavior deviate from or exceed the real situation of the case, as long as the behavior of criminal defense lawyers is within the scope of their duties or necessary for their duties, they will not be investigated and punished by national laws. This sword, that is, the duty behavior of criminal defense lawyers itself, should be exempted from liability, that is, it should not be investigated and punished by national laws.
On this premise, the provisions in the current laws and regulations of our country about lawyers' illegal or even criminal behavior due to their professional behavior or duty behavior should be revised accordingly. For example, the provisions of Article 306 of the Criminal Law on lawyers' perjury should be revised accordingly. Obviously, in judicial practice, if the evidence such as witness testimony provided, presented or quoted by lawyers is inconsistent with the facts of the case-and often inconsistent, it is difficult to prove that lawyers are intentional-or in fact often intentional. Because, when lawyers participate in criminal proceedings as defenders or litigation agents, their most basic and fundamental duty is to provide the court with evidence that is beneficial to the defendant or the victim rather than the opposite! Defense lawyers are trying their best to alleviate his client's "guilt", even working hard and shouting in vain. Isn't the evidence they provide to the court always inconsistent with the facts of the case? If it is so consistent and even more "conclusive evidence" than the facts of the case, isn't it meaningless to set up a defense lawyer system? In this case, it is hard to say or say that it is easy for lawyers who take part in litigation as an important means of livelihood and self-development to commit such "perjury" one day.
It can be seen that it is not only necessary but also urgent to establish and protect lawyers' immunity from criminal defense from the legal and judicial systems. Only in this way, lawyers can speak boldly and confidently in the process of criminal defense, can wholeheartedly safeguard the legitimate rights and interests of the parties, and can confidently perform their duties on issues such as bail pending trial, plea bargaining and even possible extended detention and extorting confessions by torture.
The acquisition and realization of lawyers' immunity from criminal defense is the performance of perfecting the rule of law and judicial democracy.