How to deal with lawyers' illegal crimes, lawyers should also abide by laws and regulations like ordinary people. Therefore, lawyers who commit crimes also need to be punished by law. That's understandable. Let's share with you how to deal with lawyers' illegal crimes.
How to deal with lawyers' illegal crimes 1 (1) warning;
(2) Confiscation of illegal income;
(3) stop practicing;
(4) revoke the practice certificate.
The administrative punishment given to the illegal practice of law firms is:
(1) shall be ordered to make corrections;
(2) Confiscation of illegal income;
(3) suspend business for rectification;
(4) revoke the practice certificate.
The organ that decides to punish illegal lawyers and law firms. Lawyers and law firms that bear administrative legal responsibilities practice illegally.
The defender is a lawyer. What if he is suspected of committing a crime?
According to the relevant laws and regulations of our country, when defending a criminal suspect, if the lawyer is suspected of committing a crime, he can no longer serve as a defense lawyer, and the criminal suspect can entrust another defender to defend.
Criminal Procedure Law of the People's Republic of China
Article 45 During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him.
People's Republic of China (PRC) Lawyers Law
Article 37 The personal rights of lawyers in their practice activities are 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.
Main obligations of defenders
1. Defenders have the obligation to provide materials and opinions to prove that criminal suspects and defendants are innocent or given a lighter punishment, or to reduce or exempt them from criminal responsibility according to facts and laws, so as to safeguard the legitimate rights and interests of criminal suspects and defendants according to law.
2. When meeting a criminal suspect or defendant in custody, the regulations on places of detention shall be observed.
3. Observe the rules of the court when attending the court trial.
4. Without the permission of the people's procuratorate or the people's court, no materials related to this case may be collected from the victim or the witnesses provided by the victim.
5. Defense lawyers and other defenders shall not help criminal suspects and defendants to collude, conceal, destroy or forge evidence, and shall not threaten or induce witnesses to change their testimony or commit perjury or engage in other acts that hinder judicial procedures. Otherwise, legal responsibility shall be investigated according to law. Article 306 of the Criminal Law stipulates that in criminal proceedings, a defender who destroys or forges evidence, threatens or induces a witness to change his testimony of facts or commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. ; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
6. The defender shall present the material evidence to the court for the identification of the parties, and the transcripts of witness testimony and expert conclusions that have not appeared in court as evidence shall be read out in court.
How to deal with lawyers' illegal crimes? 2 About lawyers handling cases illegally.
Lawyers who commit any of the following acts shall be given a warning by the judicial administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government and a city divided into districts. If the circumstances are serious, he shall be punished for stopping practicing for more than three months and less than one year. Illegal income, confiscate the illegal income:
(1) Practicing in two or more law firms at the same time;
(2) Acting for both parties in the same case;
(3) soliciting business by slandering other lawyers or paying referral fees;
(four) after accepting the entrustment, refusing to defend or represent without justifiable reasons;
(5) Failing to appear in court on time to participate in litigation or arbitration without justifiable reasons;
(6) disclosing the business secrets or personal privacy of the parties concerned;
(7) Accepting entrustment privately, charging fees from the client privately, accepting the property of the client, taking advantage of providing legal services to seek the disputed rights and interests of the parties, or accepting the property of the other party;
(8) Meeting with judges, prosecutors and arbitrators in violation of regulations, or entertaining guests and giving gifts to judges, prosecutors, arbitrators and other relevant staff;
(9) obstructing the other party from obtaining evidence according to law;
(10) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities;
(eleven) other acts that should be punished.
How to deal with lawyers' crimes? 1. Which department is responsible for lawyers?
1, lawyers are first managed by their own law firms, which are managed by county-level judicial administrative departments;
2. Legal basis:
Lawyers Law (revised on 20 12) Article 4 The judicial administrative department shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law.
Law on Lawyers (revised 20 12) Article 52 The judicial administrative department of the people's government at the county level shall exercise daily supervision and management over the practice activities of lawyers and law firms, and shall order them to correct the problems found in the inspection; Complaints against the parties shall be investigated in a timely manner. If the judicial administrative department of the people's government at the county level thinks that the illegal acts of lawyers and law firms should be given administrative punishment, it shall put forward suggestions for punishment to the judicial administrative department at a higher level.
Second, what if a lawyer commits a crime?
According to the criminal law, there is no difference in punishment between lawyer crime and ordinary crime. Whether it constitutes a crime or not and what kind of crime it constitutes are also judged according to the criminal law, and there is no difference in the degree of crime and punishment.
At the same time, the criminal law also stipulates the crimes committed by lawyers as defenders and agents ad litem under certain circumstances: Article 306 In criminal proceedings, defenders and agents ad litem who destroy or falsify evidence, help the parties to destroy or falsify evidence, threaten or induce witnesses to change their testimony to facts or commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Witness testimony or other evidence provided, presented or quoted by defenders or agents ad litem is inaccurate, not intentionally forged, and does not belong to forged evidence.
According to the requirements of the Lawyers Law and lawyers' professional ethics, lawyers will be disqualified, lucky enough to be punished and banned from practicing for life after committing crimes.
Article 38 of the Lawyers Law stipulates that lawyers should keep state secrets and business secrets they know in their practice activities, and may not disclose the privacy of their clients. Lawyers should keep confidential the information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and other serious personal and property safety of others are not included.
Lawyers are managed by their firms and county-level judicial administrative departments. Lawyers who forge evidence, intentionally disclose the privacy of their clients, or commit crimes that endanger national security and other people's property will be punished according to law. In addition, the lawyer law will restrict or even cancel their professional qualifications according to law.