Immunity is also called lawyer immunity. In criminal proceedings, based on the entrustment of criminal suspects and defendants, the law gives defense lawyers the right to refuse to testify to judicial organs on matters related to their clients, and they will not be investigated and punished by relevant laws because of their legitimate professional behavior. It includes immunity from testimony and immunity from liability.
Article 14 of the Human Rights Resolution of the Criminal Procedure Law of the15th General Assembly of the World Association of Criminal Law also stipulates: "All evidence investigations must respect the privilege of professional secrets." Governments should confirm and respect that all contacts and consultations between lawyers and their clients in professional relations are confidential.
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Use of immunity:
1. Immunity is an exclusive right granted to defense lawyers by law. Other subjects in criminal proceedings, such as agents ad litem, witnesses and expert witnesses, do not enjoy this right. Immunity is the inevitable demand of the prosecution and defense litigation mode, and it is also an important guarantee to realize the balance of rights between the prosecution and defense.
2. Immunity only occurs in criminal proceedings and related procedures, and the personal behavior and related speeches of defense lawyers outside their professional activities are not protected by this privilege. If a lawyer knows the relevant facts of other cases outside his practice activities, according to Article 47 of the Criminal Procedure Law, "the person who knows the facts of the case has the obligation to testify", he may not invoke this privilege to avoid testifying.
3. Unless the parties agree or the law provides otherwise, the defense lawyer shall not voluntarily give up this right. At the same time, if the waiver of this right causes damage to the rights and interests of other parties, even if the parties agree, the defense lawyer may not give up.
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