Regulations of Zhuhai Municipality on the Protection of Lawyers' Practice

Article 1 In order to implement the Lawyers Law of People's Republic of China (PRC) and other relevant laws, safeguard lawyers' practice rights, standardize lawyers' practice behaviors, safeguard the legitimate rights and interests of parties and ensure the fair implementation of laws, these Regulations are formulated in light of actual conditions. Article 2 These Regulations shall apply to the administrative areas of this Municipality. Article 3 Lawyers' legal practice is protected by law, and no unit or individual may interfere or obstruct it. Article 4 Lawyers must abide by the Constitution and laws, and abide by professional ethics and practice discipline. Article 5 State organs and relevant units shall, within the scope of their respective duties, provide guarantee and convenience for lawyers to practice according to law. Article 6 Lawyers have the right to participate in the management of state and social affairs according to law, and put forward opinions and suggestions for local legislation, government decision-making and social affairs management. Article 7 Lawyers may use the media and other communication channels to participate in various forms of legal popularization activities, publicize and popularize legal knowledge and answer legal questions. Article 8 Lawyers may accept the invitation or entrustment of state organs and social organizations, participate in handling civil, economic and administrative disputes and letters and visits from the masses, and provide legal assistance and handling opinions for resolving disputes or disputes. Article 9 A lawyer shall fully safeguard the legitimate rights and interests of the client when completing the entrusted matters. Lawyers have the right to choose the method to achieve the purpose of entrustment according to the legal provisions, scope of practice and professional ethics requirements. Article 10 When handling litigation, arbitration agency or non-litigation business, a lawyer may investigate the situation related to the business undertaken by the departments of industry and commerce, public security, land, construction, taxation, customs, labor and social security, health, technical supervision and other management units such as real estate and vehicles, consult, extract and copy the information related to the business undertaken, and the relevant units and handlers shall cooperate and assist, but the provisions of laws, regulations and rules involve individuals. Lawyers shall not use the obtained materials outside the entrusted business.

Where a lawyer requests to confirm the source of the copied materials, the relevant unit shall confirm it. Eleventh lawyers to the relevant units to investigate, only need to produce the following documents:

(1) Power of attorney;

(2) Lawyer's practice certificate;

(3) Letter of introduction from the law firm. Article 12 A lawyer may accept the employment of a criminal suspect, provide him with legal advice, represent him in appeals and accusations, and apply for bail pending trial for the arrested criminal suspect after being questioned by the investigation organ or from the day when compulsory measures are taken. Thirteenth in the investigation stage, the entrusted lawyer can provide legal advice to the criminal suspect, including explaining and explaining the relevant provisions of the Criminal Procedure Law and the Criminal Law; If there is an incidental civil action, explain and explain the relevant provisions of the Civil Procedure Law and the Civil Law. Article 14 For a case that has been entrusted in the investigation stage, the entrusted lawyer can learn about the case from the criminal suspect, including the basic information of the criminal suspect, whether the criminal suspect has committed or participated, how to commit or participate in the suspected crime, whether the procedures are legal, whether his personal rights have been violated, etc. Fifteenth in the investigation stage, lawyers meet with criminal suspects in custody, and cases involving state secrets should be approved by the investigation organ; If it does not involve state secrets, it does not need approval. If the lawyer requests a meeting, the investigation organ shall arrange a meeting within the time limit prescribed by the state.

The frequency and time for lawyers to meet with criminal suspects in custody should be guaranteed, but they should abide by the regulations of investigation organs and detention places on the schedule and meeting place, and must not interfere with the litigation activities of investigation organs. Article 16 In the investigation stage, when a lawyer meets a criminal suspect in custody, the investigation organ may send personnel to be present according to the case and needs, but it shall not hinder the lawyer from meeting according to law. At the stage of examination, prosecution and trial, the people's procuratorate and the people's court were not present when the defense lawyers met with the criminal suspects and defendants in custody. Article 17 When a lawyer meets a criminal suspect or defendant in custody, he may make a record of the meeting, and after it is confirmed that it is correct, the criminal suspect or defendant shall be asked to sign the record. The place of detention shall provide convenience for lawyers to make interview notes. Article 18 If a lawyer applies in writing for a criminal suspect or defendant who has been arrested to obtain a bail pending trial, the organ that has the right to decide shall make a reply on whether to obtain a bail pending trial within seven days after receiving the application; If it disagrees, it shall inform the applicant in writing and explain the reasons. Article 19 When a lawyer asks whether a criminal case has been investigated and transferred for examination and prosecution, or whether a public prosecution has been decided, the investigation organ and the public prosecution organ shall truthfully inform him. Article 20 When the people's court serves a copy of the indictment on the defendant, it informs him that he enjoys the right to defense. If the defendant entrusts a defense lawyer, the people's court shall record the fact that the defendant entrusts a defense lawyer on the service receipt and inform the defense lawyer that the case has been transferred to the court for trial. Article 21 If a lawyer consults, extracts and copies the litigation documents and technical appraisal materials of the case he undertakes according to law, the people's procuratorate shall allow it and provide the necessary conditions. The people's court shall allow lawyers to consult, extract and copy the materials charged with criminal facts in the cases they undertake, and provide necessary conditions.

When handling an appeal or protest case, a lawyer may refer to the original trial volume of the case that has been tried.