How to deal with lawyers' crimes? Lawyers are a very serious profession. Lawyers mainly defend their own prisoners. Lawyers should abide by laws and regulations like ordinary people. When representing litigation matters, we should also pay attention to maintaining fairness and authenticity and not falsifying evidence. How to deal with lawyers' crimes?
How to deal with lawyers' crimes 1 Lawyers' crimes should be convicted and punished in accordance with the provisions of the Criminal Law. There is no difference between lawyer's crime and ordinary people's crime, and they are equal in legal application, and they all need to be convicted and sentenced according to criminal law. However, lawyers should safeguard the correct implementation of the law and social fairness and justice.
legal ground
Article 3 of the criminal law
If the law expressly stipulates that it is a criminal act, it shall be convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.
Article 4
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 5
The severity of punishment should be commensurate with the crimes committed by criminals and their criminal responsibilities.
Article 2 of the Lawyers Law
The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients.
Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice.
How will lawyers deal with crimes? 1. Which department is responsible for lawyers?
1, lawyers are first managed by their own law firms, which are managed by county-level judicial administrative departments;
2. Legal basis:
1) Lawyers Law (revised on 20 12) Article 4 The judicial administrative department shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law.
2) Lawyers Law (revised 20 12) Article 52 The judicial administrative department of the people's government at the county level shall exercise daily supervision and management over the practice activities of lawyers and law firms, and shall order them to correct the problems found in the inspection; Complaints against the parties shall be investigated in a timely manner.
If the judicial administrative department of the people's government at the county level thinks that the illegal acts of lawyers and law firms should be given administrative punishment, it shall put forward suggestions for punishment to the judicial administrative department at a higher level.
Second, what if a lawyer commits a crime?
According to the criminal law, there is no difference in punishment between lawyers' crimes and ordinary people's crimes. Whether it constitutes a crime or not and what kind of crime it constitutes are also determined according to the criminal law, and the extent of crime and punishment is also determined according to the criminal law. There is no difference.
At the same time, the criminal law also stipulates the crimes committed by lawyers as defenders and agents ad litem under certain circumstances: Article 306 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 to 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. Witness testimony or other evidence provided, presented or quoted by defenders or agents ad litem is inaccurate, not intentionally forged, and does not belong to forged evidence.
According to the requirements of the Lawyers Law and lawyers' professional ethics, lawyers will be disqualified, lucky enough to be punished and banned from practicing for life after committing crimes.
Article 38 of the Lawyers Law stipulates that lawyers should keep state secrets and business secrets they know in their practice activities, and may not disclose the privacy of their clients.
Lawyers should keep confidential the information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and other serious personal and property safety of others are excluded.
Lawyers are managed by their firms and county-level judicial administrative departments. Lawyers who forge evidence, intentionally disclose the privacy of their clients, or commit crimes that endanger national security and other people's property will be punished according to law. In addition, the lawyer law will restrict or even cancel their professional qualifications according to law.
How to deal with a lawyer's crime 3 When a lawyer meets a criminal suspect or defendant in custody, the detention center shall examine the lawyer's valid practice certificate, the letter of introduction from the law firm, the power of attorney or the notice of defense designated by the people's court.
1. Lawyers meet with two suspects or defendants in custody to supervise each other and ensure safety; At least 1 person is a practicing lawyer when the lawyer meets, and other accompanying persons, if not practicing lawyers, should be people who meet with the lawyer in the same unit and hold the certificate issued by the lawyer management authority.
2. In the investigation stage, for cases that do not involve state secrets, lawyers shall issue a notice of meeting with the criminal suspect in custody. Cases involving state secrets shall be handled on the basis of the decision issued by the case-handling unit of the public security organ to approve the meeting with the criminal suspect.
3. In the stage of examination, prosecution and trial, the hired lawyer can be directly arranged by the detention center to meet with the defendant, and produce the prosecution opinion or indictment and the letter of introduction from the law firm, without the approval and arrangement of the investigation, procuratorial and judicial organs; Other defenders who are not lawyers may also meet with the criminal suspect in custody with the permission of the procuratorate and the specific case handling department of the court.
4. When meeting the employed translators, they shall present the documents approved by the agency.
5. When lawyers meet, the criminal suspect and defendant in custody should be in the same room.
6. When a lawyer meets a criminal suspect or defendant in custody, the public security organ may send personnel to be present.
7. When a lawyer meets a criminal suspect or defendant in custody, he shall not bring relatives and friends of the criminal suspect or defendant to attend the meeting without permission; It is forbidden to provide all kinds of communication and photographic equipment to criminal suspects and defendants to contact with the outside world; During the meeting, no property shall be provided to the criminal suspect or defendant, and no articles shall be taken out of the residence.
8. If a lawyer meets a criminal suspect or defendant in custody and violates the law or the meeting place, the on-site police shall stop it, and if necessary, decide to stop the meeting according to the seriousness of the case, and notify the lawyer management department.
9. If the staff of the detention center fails to go through the interview formalities as required, the lawyer may complain to the organ that transferred the case or accepted the case, or report to the relevant department through the judicial administrative organ.
To meet the criminal suspect, a lawyer must go to the public security organ to make an application report, then bring his professional card and power of attorney, and then go to the detention center to meet the criminal suspect. However, if the case is not monitored, then the police cannot be present, because the presence of the police will destroy the order that is not monitored.
The circumstances that may hinder the investigation include that the arrested person is a criminal of a criminal group, or he has a huge involvement with some criminal groups, or he has not been arrested for various other reasons. When they know that they are about to be arrested, he may cause him the same case. Some criminals escape or commit suicide when the evidence is destroyed.
Lawyers' meetings with suspects may or may not be monitored. However, whether listening or not, the parties must submit their licenses and power of attorney to the public security organs before the meeting, waiting for approval. After the approval, the public security organ will communicate with the detention center, and then the parties can bring their own relevant information to the detention center to meet the criminal suspect.