Is it ruined for lawyers to commit crimes? Violators will be recorded and punished accordingly. The existence of law is saturated for us, and everyone has the obligation to abide by it. Let's understand that a lawyer's crime is ruined.
Is it ruined for lawyers to commit crimes? 1 His lawyer's license will be revoked after committing the crime. According to the Lawyers Law, a person who has been criminally punished cannot be a lawyer. After being sentenced, his lawyer's license will be revoked after the judgment takes effect, and he can't practice as a lawyer for life.
Legal basis: Article 49 of the Lawyers Law of People's Republic of China (PRC), if a lawyer commits one of the following acts, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law:
(a) meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations, or otherwise affecting the handling of cases according to law; (2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes; (3) Providing false materials to the judicial administrative department or committing other fraudulent acts.
(4) Deliberately providing false evidence or threatening or inducing others to provide false evidence, which hinders the other party from obtaining evidence according to law; (5) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client; (6) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities; (seven) inciting or instigating the parties to take measures to disrupt public order and endanger public interests.
If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate.
Can a lawyer still be a lawyer after being sentenced?
As long as it is not intentional crime, you can be a lawyer even if you have been criminally punished for negligent crime.
Article 7 of the Lawyers Law stipulates that:
In any of the following circumstances, the applicant shall not be issued a lawyer's practice certificate:
(1) Having no or limited capacity for civil conduct;
(2) Having been subjected to criminal punishment, except for negligent crimes;
(3) Being expelled from public office or having his lawyer's practice certificate revoked.
Article 7 An applicant for the Lawyers Law shall not be issued a lawyer's practice certificate under any of the following circumstances:
(2) Having been subjected to criminal punishment, except for negligent crimes;
After the expiration of probation, the original sentence shall not be executed. That is to say, there was no punishment.
Just like the calculation of recidivism, a person sentenced to probation who intentionally commits a crime within 5 years after the expiration of the trial is not a recidivist.
In this way, it is possible.
However, a staff member of the Bar Association said: "According to China's lawyer law, once a registered lawyer is investigated for criminal responsibility for intentional crimes, even if he is sentenced to probation, his lawyer qualification will be revoked according to law."
Will lawyers lose everything when they commit crimes? Will lawyers be sentenced for committing crimes?
Lawyers will not be severely sentenced for crimes, because anyone who commits a crime is equal in the application of the law. However, lawyers, as citizens who study and practice national laws and engage in the legal profession, should abide by the Constitution and laws, and abide by lawyers' professional ethics and practice discipline.
legal ground
Article 4 of the criminal law
Anyone who commits a crime is equal in the application of the law. No one is allowed to have the privilege beyond the law.
Article 3 of the Lawyers Law
Lawyers must abide by the Constitution and laws, and abide by lawyers' professional ethics and practice discipline.
Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers.
Can a lawyer be a lawyer after committing a crime?
Whether a lawyer can continue to be a lawyer after committing a crime depends on whether it is intentional crime. Once a lawyer is convicted of intentional crime, his lawyer's qualification certificate will be revoked for life, which means that he can no longer be a lawyer. If the crime is caused by negligence, you can also be a lawyer.
China's "Lawyers Law" has clear provisions. Attachment: Article 7 of the Lawyers Law of People's Republic of China (PRC) shall not issue a lawyer's practice certificate if the applicant is under any of the following circumstances: (1) He has no capacity for civil conduct or has limited capacity for civil conduct; (2) Having been subjected to criminal punishment, except for negligent crimes; (3) Being expelled from public office or having his lawyer's practice certificate revoked.
Article 49 of the Lawyers Law If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate.
Is it ruined for lawyers to commit crimes? What are the possible charges of lawyers?
The crimes that lawyers may constitute in their practice mainly include the following:
(1) the crime of revealing state secrets;
(2) the crime of accepting bribes;
(3) Introduce the crime of accepting bribes;
(4) the crime of destroying or forging evidence;
(5) The crime of intentionally or negligently providing false documents.
Lawyers Law of People's Republic of China (PRC);
Article 49 If a lawyer commits any of the following acts, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations, or otherwise affecting the handling of cases according to law;
(2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes;
(3) Providing false materials to the judicial administrative department or committing other fraudulent acts;
(4) Deliberately providing false evidence or threatening or inducing others to provide false evidence, which hinders the other party from obtaining evidence according to law;
(5) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client;
(6) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities;
(seven), abetting the parties to take illegal means to disrupt public order, endanger public security and other disputes;
(8) making statements that endanger national security, maliciously slander others, and seriously disturb the order of the court;
(9) divulging state secrets.
Article 51 If a lawyer violates the provisions of this Law and should be warned and punished within one year after being warned or punished, the judicial administrative department of the district people's government at the municipal level with districts or municipalities directly under the Central Government shall give him a punishment of stopping practicing for more than three months and less than one year; If the punishment for stopping practicing occurs again within two years after the expiration of the period, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the lawyer's practice certificate.