Defense lawyers have the right to keep confidential the relevant information and information of their clients they know in their practice activities. The main body of this article is "defense lawyers", that is, lawyers entrusted by criminal suspects and defendants or their guardians or close relatives as defenders, and lawyers appointed by legal aid agencies to provide defense legal aid. The scope of confidentiality stipulated in this article is limited to the relevant information and materials of the client known by the defense lawyer in his practice activities. Including the client's information and the information obtained by the defense lawyer in the process of accepting the entrustment and meeting, as well as the client's information and the information obtained by the defense lawyer during the investigation. These circumstances and information must be related to the client, and other circumstances and information unrelated to the client are not within the scope of confidentiality stipulated in this article. According to this article, defense lawyers have the right to keep the above information confidential, which means that defense lawyers are legally exempted from the obligation to report and testify on the above information. It should be noted that this right of defense lawyers is not absolute, and this article also stipulates exceptions.
legal ground
Article 46 of the Criminal Procedure Law of People's Republic of China (PRC) emphasizes evidence, investigation and research, and does not believe confession. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is sufficient and reliable, the defendant may be found guilty and punished.