Lawyers shall abide by the Constitution and laws, and abide by lawyers' professional ethics and practice discipline.
Lawyers' practice should be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned. Article 4 Lawyers shall keep state secrets and business secrets they know in their practice activities, and shall not disclose the personal privacy of the parties and others. Article 5 Lawyers' practice according to law shall be protected by law. No organization or individual may interfere with or hinder lawyers from practicing according to law, and may not infringe upon their legitimate rights and interests. Article 6 The judicial administrative department shall supervise and guide lawyers' practice in accordance with the law, support lawyers' associations to exercise industry self-discipline on lawyers' practice activities in accordance with laws, articles of association and industry norms, and safeguard lawyers' practice rights. Chapter II Protection of Lawyers' Practice Rights Article 7 State organs and relevant organizations shall, within the scope of their duties, protect lawyers' right to know, apply, appeal, accuse and practice rights such as meeting, marking papers, collecting evidence, asking questions, cross-examining and debating according to law. Article 8 The case-handling organ and relevant units shall promptly receive the entrustment procedures and case materials submitted by lawyers, and inform them of the case. Article 9 A lawyer may investigate legal affairs related to legal affairs undertaken by public security, civil affairs, human resources and social security, industry and commerce, land and resources, housing and urban and rural construction by virtue of his lawyer's practice certificate, law firm certificate, power of attorney or official letter of legal aid, and may obtain evidence materials related to legal affairs undertaken by consulting, extracting and copying. If the relevant unit considers that the investigation involves state secrets, commercial secrets, personal privacy or has nothing to do with legal affairs undertaken by lawyers, it shall give a written reply and explain the reasons within 15 working days.
If the lawyer requests to confirm the source of the copied materials, the relevant units providing the materials shall affix their seals to confirm. Article 10 When it is difficult for a lawyer to obtain relevant evidence through his own investigation and evidence collection, he may apply to the people's court for an investigation order. Lawyers can collect investigation evidence from designated individuals or units with investigation orders. If the people's court accepting the application disagrees, it shall explain the reasons and legal basis in writing. Article 11 An entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence. The people's procuratorate and the people's court shall make a decision on whether or not to agree within three working days, and notify the lawyer. If the people's procuratorate or the people's court disagrees with the lawyer's written application, it shall explain the reasons and legal basis in writing. Article 12 An entrusted lawyer may consult, extract and copy the litigation files of this case with the lawyer's practice certificate, the certificate of law firm, the power of attorney or the letter of legal aid from the date when the people's procuratorate examines and prosecutes or the people's court files. The case-handling organ shall arrange marking to ensure the lawyer's marking time; If there are reasonable and objective reasons for not arranging marking at that time, it shall explain the reasons to the lawyer and arrange marking within three working days.
Lawyers can copy litigation files by copying, taking photos, scanning and copying electronic data. The case-handling organ shall provide convenient conditions for lawyers to read papers. If a lawyer incurs expenses for copying litigation files, the case-handling organ shall not charge any fees other than the fees. Article 13 If a defense lawyer holds a lawyer's practice certificate, a law firm certificate, a power of attorney or a letter of legal aid, the detention center and the case-handling organ shall arrange a meeting; If it cannot be arranged at that time, it shall explain the situation and ensure that the defense lawyer meets the criminal suspect and defendant in custody within 48 hours. The defense lawyer can bring a paralegal to assist in the meeting; If there are translators, it shall provide the permission decision of the case-handling organ to allow the translators to meet.
The detention center shall set up a meeting appointment platform to facilitate the meeting of defense lawyers through online appointment or telephone appointment, but it shall not refuse to arrange the meeting of defense lawyers on the grounds of not making an appointment.
The detention center shall set up a lawyer meeting room in accordance with the regulations. When the interview room cannot meet the needs, with the consent of the defense lawyer, the interview can be arranged in the interrogation room, but the recording monitoring equipment should be turned off. Defense lawyers are not subject to monitoring when meeting criminal suspects and defendants, and the case-handling organ shall not send personnel to be present. Defense lawyers can carry laptops with no communication function and special audio and video recording equipment to record and video the meeting.
Detention centers and case-handling organs shall ensure the time and frequency of lawyers meeting with criminal suspects and defendants, and shall not require lawyers to provide documents and materials other than lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter. Article 14 In the course of investigation, the defense lawyer offered to meet with the suspects who endanger national security, terrorist activities and particularly serious bribery in custody. The investigation organ shall make a timely examination in accordance with the law and make a written decision on whether or not to grant permission within three days. If the investigation organ does not grant permission, it shall explain the reasons and legal basis for not granting permission in a written decision. After the situation that hinders the investigation or may reveal state secrets disappears, the meeting shall be allowed, and the detention center and the defense lawyer shall be notified in time. For particularly serious bribery crimes, defense lawyers should be allowed to meet the criminal suspect at least twice before the investigation ends, and the first meeting should be arranged within one month after the criminal suspect is taken compulsory measures.
The investigation organ shall not arbitrarily explain and expand the scope of the three types of cases mentioned in the preceding paragraph, and restrict the lawyer's meeting.