1. Lawyers' rights:
According to the provisions of my country's "Lawyers Law", the rights of lawyers in my country mainly refer to lawyers There are two parts: personal rights and lawyer’s professional rights.
(1) Lawyers' personal rights
my country's "Lawyers Law" stipulates: "The personal rights of lawyers in their professional activities shall not be infringed."
The content should include that the lawyer's personal freedom of practice shall not be illegally restricted or deprived; his residence and office shall not be infringed; and the lawyer's right of reputation shall not be infringed. Any infringement of lawyers' personal rights shall be investigated for criminal liability in accordance with the provisions of my country's criminal law.
(2) Lawyers’ practicing rights
Stipulating that lawyers’ practicing rights are a prerequisite for ensuring smooth practice of lawyers. Lawyers enjoy the following rights:
1. The right to review papers
Refers to the right of lawyers engaged in litigation activities to consult case file materials with relevant authorities in accordance with the provisions of the Procedural Law.
The regulations on lawyers participating in litigation and having the right to review files are as follows:
(1) In terms of accessing file materials, according to the "Supreme People's Court, Supreme People's Procuratorate, Ministry of Justice, and Ministry of Public Security" "Joint Notice on Several Specific Provisions on Lawyers' Participation in Litigation" (April 27, 1981) stipulates that when a lawyer serves as a defender or agent in a criminal case or a defender or agent in a civil case, he or she may go to the relevant authority to inspect the case. The lawyer may Participate in litigation as an attorney. Those who represent criminal cases can go to the relevant agencies to check the relevant materials of the cases they handle and learn about the facts of the case; ② The case file materials that lawyers can check do not include the records of the trial committee and the collegial panel, as well as other clues related to the case.
(2) When lawyers review papers, relevant units should provide necessary facilities and provide a place for lawyers to review papers.
(3) Lawyers can include excerpts, copies, and excerpts of materials in the law firm’s files.
(4), confidentiality.
2. The right to investigate and collect evidence
It means that lawyers have the right to investigate cases and collect evidence during their practice.
Article 31 of the "Lawyers Law" stipulates: "Lawyers handling legal affairs may, with the consent of relevant units or individuals, investigate and collect evidence from them."
(1) Lawyers handle legal affairs and enjoy the right to investigate and collect evidence. This is a normal business activity of a lawyer.
(2) When a lawyer investigates and collects evidence from relevant units or individuals, he must obtain the consent of the relevant units or individuals.
(3) The lawyer’s right to investigate and collect evidence is not mandatory.
Article 37 of the Criminal Procedure Law stipulates: (see above). If a defense lawyer applies to the People's Procuratorate or the People's Court to collect or obtain evidence, and the People's Procuratorate or the People's Court deems it necessary to investigate and obtain evidence, the People's Procuratorate or the People's Court shall collect and obtain evidence, and shall not issue a decision permitting the investigation to the lawyer. Lawyers are allowed to collect and obtain evidence.
3. The right to meet and communicate
It means that lawyers serve as agents of criminal suspects or defendants in criminal cases and have the right to meet with criminal suspects or defendants in detention places or Correspondence with criminal suspects and defendants.
4. The right to guarantee time for appearing in court
(1) The People's Court shall determine the date of the hearing and give lawyers time to prepare for appearing in court.
(2) Because the case is complex and the court date is too urgent, a lawyer has the right to apply for an extension of the court session, and the people's court shall consider it within a time that does not affect the conclusion of the case according to law.
(3) The People's Court shall notify the lawyer to appear in court to perform his obligations with a notice to appear in court, and shall not use a subpoena to summon the lawyer; the People's Court's notice of hearing shall be served at least three days before the hearing.
(4) For cases that are rescheduled for hearing, lawyers should be given appropriate time to prepare for court when the case is heard again.
5. The right to refuse defense representation
Refers to the lawyer’s right to refuse to represent criminal suspects, defendants or litigation cases and other legal matters under certain conditions.
(1) Lawyers may exercise the right to refuse representation in defense or representation activities.
(2) The circumstances under which a lawyer has the right to refuse defense and representation include: the entrusted matter is illegal; ② the client uses the services provided by the lawyer to engage in illegal activities; ③ the client conceals the truth; ④ There are other legitimate reasons, such as the lawyer being unable to represent the entrusted matter due to poor physical and mental condition; the client insulting the lawyer's personality and seriously damaging the integrity relationship between the two parties.
6. Rights during the trial stage
According to the provisions of my country's procedural law, lawyers mainly enjoy the following rights during the trial stage:
(1) The right to ask questions. That is, during the trial, with the permission of the presiding judge, lawyers have the right to ask questions to witnesses, appraisers, investigators or defendants.
(2) Right of cross-examination. That is, during the court investigation stage, lawyers have the right to put forward their own opinions on the physical evidence presented and the testimonies of witnesses who are not present in court, the identification conclusions of experts, investigation records and other documents read out as evidence; they have the right to cross-examine witnesses who are present in court.
(3) The right to present new evidence. That is, in court, lawyers have the right to apply to notify new witnesses to appear in court, to obtain new evidence, and to apply for re-identification or investigation.
(4) The right to participate in court debates. A lawyer's right to debate refers to the lawyer's right to debate and argue on disputed issues, case facts and applicable laws during the litigation process and under the auspices of the People's Court. By exercising their right to debate, lawyers put forward and prove their own claims, refute the other party's claims, help the court verify evidence, find out the facts of the case, and make a correct decision.
(5) The right to refuse to answer inappropriate inquiries from the court.
7. The right to obtain copies of the litigation documents of the case
It means that the lawyer has the right to obtain copies of the litigation documents during the litigation process, including the indictment, the protest, the judgment, the ruling, Mediation documents and other documents.
8. The right to appeal on behalf of others
It means that when a lawyer believes that the first-instance judgment or ruling of a local people's court at all levels is indeed erroneous, with the consent or authorization of the party concerned, the lawyer can appeal on his behalf to the people's court at the next higher level. The right to file a complaint and request that the case be reopened.
(1) A lawyer’s right to appeal is based on the consent or authorization of the client;
(2) A lawyer has no independent right to appeal and can only appeal on behalf of the client.
9. If the compulsory measures taken against the police, procuratorate, or law exceed the statutory time limit, they have the right to request the lifting of the compulsory measures.
1. Article 75 of the "Criminal Procedure Law" stipulates that if a lawyer discovers that the people's court, people's procuratorate or public security organ has taken compulsory measures against a criminal suspect or defendant that exceed the statutory time limit, he or she has the right to request that the person's case be terminated. enforcement measures.
2. Lawyers’ Obligations
According to the provisions of the Lawyers Law, lawyers’ obligations include obligations limited by the lawyer’s practice conditions, as well as obligations that lawyers should bear in their business activities. .
(1) Obligations to restrict lawyers’ practice conditions
That is, the law imposes certain restrictions on the freedom of practice of lawyers with specific identities.
① Article 36 of the "Lawyers Law" stipulates: Persons who have served as judges, prosecutors, or lawyers shall not serve as litigation agents or defenders within two years after resigning from the People's Court or People's Procuratorate.
②Article 13 of the Lawyers Law stipulates that current staff members of state agencies shall not concurrently serve as practicing lawyers. Lawyers who serve as members of the standing committees of people's congresses at all levels are not allowed to engage in legal practice.
3 According to the spirit of the "Regulations on Deputies to the National People's Congress and Local People's Congresses at All Levels Can Serve as Part-time Lawyers" promulgated by the Ministry of Justice on May 3, 1985, lawyers are representatives of people's congresses at all levels. , but those who do not serve as members of the standing committees of people's congresses at various levels may perform their duties as lawyers. This provision is mainly to protect the legitimate rights and interests of the parties involved. In this regard, many countries in the world have similar regulations.
(2) Lawyers’ obligations to their clients
The Lawyers Law stipulates the following obligations that lawyers should bear towards their clients:
1. After accepting the entrustment, a lawyer shall not refuse to defend or represent the client without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client conceals the truth, the lawyer has the right to refuse defense or representation. (As mentioned in Article 29, defense or representation may not be refused without justifiable reasons)
2. Lawyers shall not serve as agents for both parties in the same case.
3. Lawyers shall not take advantage of the convenience of providing legal services to profit from the disputed rights and interests of the parties, and shall not accept property from the other party.
4. Lawyers shall keep state secrets and clients’ business secrets that they learn during their professional activities, and shall not disclose the privacy of clients.
(3) Lawyers’ obligations to courts and arbitration institutions
1. They shall not provide false evidence, conceal facts, or threaten or induce others to provide false evidence, conceal facts, or obstruct the other party. Obtain evidence legally.
2. Lawyers are not allowed to meet with judges, prosecutors, or arbitrators in violation of regulations; they are not allowed to treat judges, prosecutors, arbitrators, and other relevant staff, give gifts or accept bribes, or instruct or induce parties to pay bribes.
3. Lawyers shall not disrupt the order of courts or arbitration tribunals or interfere with the normal conduct of litigation or arbitration activities.
According to the provisions of the Lawyers Law, lawyers’ rights to debate and defend should be protected in accordance with the law. At the same time, lawyers should also abide by the order of the court and the arbitration tribunal, and in accordance with the provisions of the Procedural Law and the Arbitration Law. Provide for litigation and arbitration activities.
(4) Other businesses of lawyers
The "Lawyers Law" also stipulates other obligations of lawyers.
1. Lawyers may not accept entrustments without permission, collect fees from clients without permission, or accept property from clients.
This prohibition is not only a lawyer's obligation to the client, but also an obligation of the lawyer's law firm.
2. Lawyers should practice in law firms. That means you cannot practice across different firms, including not practicing in a law firm and a legal service office at the same time.
3. Lawyers are not allowed to slander other lawyers, pay referral fees or other unfair means to gain business. (Article 24)
4. Lawyers shall pay taxes in accordance with the law.
Paying taxes in accordance with the law is the obligation of every citizen stipulated in the Constitution of our country, and it is also the obligation of lawyers. Lawyers and law firms should pay taxes in accordance with the law. Lawyers shall pay personal income tax on their wages, salaries and remuneration for services.
5. Join the Lawyers Association and pay membership dues.
6. Lawyers must perform legal aid obligations to clients in accordance with national regulations.