Regulations of Hebei Province on Protecting Lawyers from Performing Their Duties

Article 1 In order to ensure that lawyers perform their duties according to law and give full play to the role of lawyers in the construction of socialist democracy and legal system, these Regulations are formulated in accordance with the Constitution of People's Republic of China (PRC) and relevant laws and regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to all lawyers who have obtained the qualification of lawyer with the approval of the competent judicial administrative department of the state, hold the lawyer's practice certificate and perform their duties within the administrative region of this province. Article 3 In performing their duties, lawyers must adhere to the basic principles set by the Constitution and be faithful to the socialist cause and people's interests. Take facts as the basis, take law as the criterion, and abide by professional discipline and ethics. Article 4 The duty of a lawyer is to safeguard the interests of the state and the legitimate rights and interests of the parties through legal affairs activities, and to safeguard the correct implementation of laws and regulations. Article 5 The working institution where lawyers perform their duties is a law firm established according to law.

A law firm accepts the employment or entrustment of citizens, legal persons and other organizations, or the designation of the people's court, and sends lawyers to undertake the following businesses:

(a) as a defender of the defendant in a criminal case, a private prosecutor in a criminal private prosecution case or an agent of the victim in a public prosecution case and his close relatives;

(2) Acting as an agent for the parties in civil and administrative litigation;

(3) Acting as an appeal agent for the parties in criminal, civil and administrative proceedings;

(four) to accept the entrustment of the parties to non-litigation legal affairs, to act as agents, to participate in mediation, arbitration and to apply for administrative reconsideration;

(five) as a legal adviser to state organs, social organizations, enterprises and institutions or citizens;

(6) Providing legal consulting services and writing litigation documents and other relevant legal documents;

(seven) to handle other legal affairs that lawyers can engage in. Article 6 When a lawyer acts as an agent ad litem, defender or handles other non-litigation legal affairs, if the requirements put forward by the parties violate the provisions of national laws or insist on not truthfully stating the case, he may resign his entrustment or refuse to defend him. Article 7 Lawyers' performance of their duties according to law is protected by state laws, and no unit or individual may interfere, obstruct or take revenge. Article 8 Lawyers shall enjoy the following rights when performing their duties according to law:

(1) A lawyer may consult, extract and copy the relevant materials for handling cases in the people's court in accordance with the provisions with the power of attorney, the special letter of introduction from the law firm and the lawyer's work permit.

(2) When lawyers conduct investigations with relevant organs, social organizations, enterprises, institutions and citizens, the units and citizens under investigation shall truthfully provide information and issue certificates. Except as otherwise provided by law.

(3) When the defense lawyer meets the defendant in custody, the detention center shall provide convenience and meeting place. The communication between the lawyer and the defendant shall be delivered by the detention department in time.

(4) When a people's court hears a case, with the permission of the presiding judge, a lawyer may directly ask questions to the parties, victims, witnesses, expert witnesses and inquests, or apply to the people's court to notify new witnesses to appear in court, obtain new evidence and conduct re-appraisal or inquests.

(5) If a lawyer participates in a lawsuit, the people's court shall notify the lawyer to participate in the lawsuit according to the legal time when the court is not in session. A lawyer shall submit the defense words, proxy words and other relevant materials in time.

(6) The people's court should listen carefully to the lawyer's defense opinions or agency opinions, and the correct opinions should be adopted.

(7) Written evidence, pleadings and proxy statements formally submitted by lawyers to the people's courts must be incorporated into the people's courts; When the people's court deems it necessary, it shall attach opinions and other materials related to the case.

(eight) other rights as prescribed by law. Article 9 A lawyer shall strictly keep confidential the state secrets, case secrets and personal privacy he knows in the course of practicing. Article 10 When trying a case, the people's court shall notify lawyers to appear in court to perform their duties by notice. The notice should be delivered at least three days before the trial. Article 11 Lawyers shall appear in court on time to perform their duties. If the case is complicated or there are other special circumstances, you may apply in writing to the people's court for an adjournment of the trial. If the people's court considers that the lawyer's application is justified and does not affect the statutory time limit for closing the case, it shall make a decision to postpone the trial.

If the lawyer fails to appear in court on time to perform his duties, or fails to apply to the people's court in writing for an adjournment of the trial, or the people's court fails to make a decision to postpone the trial, the trial of the case by the people's court will not be affected. Article 12 The people's court shall promptly deliver a copy of the judgment, ruling, conciliation statement, indictment, protest statement and decision to withdraw the prosecution of the people's procuratorate to the lawyer. Article 13 If a law firm believes that the determination of major facts, the characterization of cases and the application of law are indeed improper, or the trial of cases violates legal procedures, it may submit written opinions to the people's court that originally tried the case or the people's court at the next higher level, and the people's court shall take them seriously. Fourteenth interference, obstruction of lawyers to perform their duties according to law or insult, slander, persecution of lawyers, by the responsible units or their competent departments to give criticism and education, ordered inspection, administrative sanctions; Violation of public security management, shall be punished by the public security organs; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.