According to Article 306 of the Criminal Law, in criminal proceedings, defenders and agents ad litem who destroy or falsify evidence, help the parties to destroy or falsify evidence, threaten or induce witnesses to change their testimony of facts or commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. ?
Once a lawyer has a weak sense of risk, or can't resist the temptation, it is easy to be jointly "beaten" by the public security and legal courts on the grounds of perjury because of irregularities or even illegal evidence collection.
Well-known cases, such as Li Zhuang's case, all lost because of perjury. This is also the crime that makes criminal defense lawyers most afraid and headache, not because of the harsh punishment, but because it is difficult to avoid risks.
For example, many criminal defense lawyers will not choose to take evidence on their own. Even if evidence is obtained, some physical evidence, such as documentary evidence and physical evidence, is obtained, and few people obtain verbal evidence.
It is very dangerous to obtain verbal evidence. For example, criminal defense lawyers have worked hard to obtain witness testimony and submit it to the court. The procuratorate asked the witness to testify in court. If the witness changes his testimony because of outside factors, there is no reason to say that your lawyer is suspected of perjury.
Once suspected of perjury, according to the judicial practice of pretrial detention in China, most lawyers will be locked up. Even if he is finally acquitted or not prosecuted, he loses his freedom in the early stage.
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In a case where a lawyer is suspected of perjury, the investigation organ must avoid:
Lang Sheng: Taking facts as the basis and taking law as the criterion is a very important principle in our criminal proceedings. In the process of criminal proceedings, participants and parties must also follow this principle.
Anyone who commits perjury in the process of litigation needs to be investigated, so there are several such provisions in China's criminal law, such as how to investigate perjury of witnesses and appraisers, how to investigate perjury of defenders and lawyers, how to investigate perjury of anyone else, and how to investigate perjury of judicial personnel.
However, there are indeed some lawyers who are worried that if there is such a provision, in reality, the judicial organs will take measures or methods to review lawyers easily or casually, and how to solve this situation. This revision of the Criminal Procedure Law has made special provisions to ensure that lawyers can perform their duties well.
If this happens to a lawyer, the investigation organ in the same case shall not investigate him, so as to ensure that the lawyer can have a better practice environment.
It is suggested that the investigation of him should begin after the case is over. This is a view. But the reality is complicated, and sometimes the situation is very serious. In this case, he can no longer perform the duties of a lawyer. Some cases need to be investigated immediately, so this opinion was not adopted in order to safeguard judicial justice.
However, it is stipulated that the case of lawyers suspected of perjury should be handled by other investigation organs other than the investigation organ of this case, which can ensure that the case can be handled fairly.
People's Daily Online-Lang Sheng: The lawyer is suspected of perjury, and the investigation organ in this case must withdraw.