Legal Analysis: I. Meaning of Immunity of Lawyers from Criminal Defense According to Article 20 of the UN Basic Principles on the Role of Lawyers, "Lawyers shall enjoy civil and criminal immunity in respect of statements made by them in the course of their written or oral advocacy, or prior to appearing as part of their duties before a court, tribunal or other legal or administrative authority. ." The immunity of an attorney from criminal defense is the immunity of an attorney from being charged and prosecuted for written or oral statements made by the attorney in the performance of his or her duties in the course of litigation activities.
Two, China's lawyers criminal defense immunity lawyers lawyers law, article 37 provides: "lawyers in the practice of personal rights are inviolable. Lawyers in the court published representation, defense opinions are not subject to legal prosecution. However, exceptions are made for statements that jeopardize national security, maliciously slander others, or seriously disrupt the order of the court. If a lawyer is detained or arrested in accordance with the law on suspicion of committing a crime while participating in litigation activities, the detaining or arresting authority shall notify the lawyer's family, the law firm in which he or she is working, and the lawyers' association to which he or she belongs within twenty-four hours of the detention or arrest being carried out." The new "lawyers law" for the first time clearly and specifically on the lawyer's criminal defense immunity defined, pointed out that the defense lawyers enjoy immunity content as well as limitations, which for our country to establish and improve the immunity system of defense lawyers has very positive significance.
Legal basis: "lawyers law" article 37 lawyers in the practice of personal rights are inviolable.
Lawyers in the court published in the representation, defense opinions are not subject to legal action. However, except for the publication of jeopardizing national security, maliciously defaming others, and seriously disrupting the order of the court.
Lawyers involved in litigation activities suspected of committing a crime, the investigating authorities shall promptly notify the law firm or the lawyers' association to which it belongs; detained or arrested, the investigating authorities shall, in accordance with the provisions of the criminal procedure law, notify the lawyer's family.