Legal analysis: (1) The statements made by lawyers in criminal defense are not subject to legal investigation. The "speech" mentioned here includes both oral and written forms. The lawyer's immunity from criminal defense speech is the privilege of giving lawyers the right to speak in court, which is much broader than the citizens' right to freedom of speech stipulated in the Constitution, so that lawyers can express their defense opinions without any worries. (2) If the documents and materials provided or produced by lawyers to the court in criminal proceedings are inaccurate, as long as they are not intentionally forged, they should not be investigated for criminal responsibility. This is the content stipulated in the second paragraph of Article 306 of the Criminal Law. Witnesses' testimony or other evidence provided, presented and quoted by lawyers in criminal proceedings is inaccurate, but it is not forged on purpose and does not belong to forged evidence. Judging from the provisions of this clause, lawyers are not criminally responsible for using false evidence negligently. (3) In the process of criminal proceedings, the lawyer's personal freedom should be protected by law, and the criminal defense work should not be interrupted by illegal summons, detention or arrest.
Legal basis: Article 37 of People's Republic of China (PRC) Lawyers Law is inviolable. Lawyers' opinions on agency and defense expressed in court are not subject to legal investigation. Except for statements that endanger national security, maliciously slander others, and seriously disrupt court order.
If a lawyer participates in litigation activities and is suspected of committing a crime, the investigation organ shall promptly notify the law firm where he belongs or the lawyers association to which he belongs; If a lawyer is detained or arrested according to law, the investigation organ shall notify the lawyer's family in accordance with the provisions of the Criminal Procedure Law.