Article 1 These Provisions are formulated in accordance with relevant laws and regulations in order to effectively protect lawyers' practice rights, give full play to lawyers' role in safeguarding the legitimate rights and interests of clients, maintaining the correct implementation of laws, maintaining social fairness and justice, and promoting judicial justice.
Article 2 People's courts, people's procuratorates, public security organs, state security organs and judicial administrative organs shall respect lawyers, improve the system for guaranteeing lawyers' right to practice, and guarantee lawyers' right to know, apply, appeal, interview, marking papers, collecting evidence, asking questions, cross-examining and debating in accordance with the provisions of the Criminal Procedure Law, the Civil Procedure Law, the Administrative Procedure Law and the Lawyers Law, and shall not hinder lawyers from performing their duties of defense and agency according to law.
Article 3 People's courts, people's procuratorates, public security organs, state security organs, judicial administrative organs and lawyers' associations shall establish and improve the relief mechanism for lawyers' practice rights.
If a lawyer is insulted, slandered, threatened, retaliated or hurt because of his practice, the relevant authorities shall stop it in time and deal with it according to law, and take protective measures for lawyers when necessary.
Article 4 People's courts, people's procuratorates, public security organs, state security organs and judicial administrative organs shall establish and improve litigation service centers, places for filing or accepting cases, lawyers' meeting rooms and marking rooms, standardize work processes, and facilitate lawyers to handle matters such as filing, meeting, marking papers, attending court hearings and applying for execution. Explore the establishment of a network information system and a lawyer service platform to improve the efficiency of handling cases.
Article 5 When handling a case, the case-handling organ shall inform the parties that they have the right to entrust defenders or agents ad litem according to law. For those who meet the conditions of legal aid without entrusting a defender or agent ad litem, the case-handling organ shall promptly inform the parties of their right to apply for legal aid, and forward the application materials to the legal aid institution in accordance with relevant regulations. If the case-handling organ finds that the criminal suspect or defendant belongs to the situation that legal aid should be provided according to law, it shall promptly notify the legal aid institution to defend its appointed lawyer.
Article 6 After accepting the entrustment of a criminal suspect or defendant or the assignment of a legal aid institution, a defense lawyer shall inform the case-handling organ, and may learn from the case-handling organ the charges suspected or accused by the criminal suspect or defendant, the main criminal facts that have been ascertained at that time, the compulsory measures taken, changed or lifted by the criminal suspect or defendant, and the extension of the investigation detention period by the investigation organ. The case-handling organ shall promptly inform the defense lawyer according to law.
If the case-handling organ makes major procedural decisions such as transferring for examination and prosecution, returning for supplementary investigation, initiating public prosecution, postponing trial, not holding a trial in the second instance, and announcing judgment, and the people's procuratorate directly accepts the case filed for investigation and reports it to the people's procuratorate at the next higher level for examination and decision to arrest, it shall promptly inform the defense lawyer according to law.
Article 7 A defense lawyer shall meet with the criminal suspect or defendant in custody at the detention center. After checking the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid, the detention center shall arrange the meeting in time. If it can be arranged at that time, it will be arranged at that time; If it cannot be arranged at that time, the detention center shall explain the situation to the defense lawyer and ensure that the defense lawyer meets the criminal suspect and defendant in custody within 48 hours.
When arranging a meeting, the detention center shall not attach other conditions or ask the defense lawyer to submit other documents and materials other than those prescribed by law in disguise, and shall not refuse to arrange a meeting for the defense lawyer on the grounds of not receiving the notice from the case-handling organ.
The detention center shall set up a meeting appointment platform to facilitate the meeting of defense lawyers through online appointment or telephone appointment, but it shall not refuse to arrange the meeting of defense lawyers on the grounds of not making an appointment.
When a defense lawyer meets a criminal suspect or defendant in custody, the detention center shall take necessary measures to ensure the smooth and safe meeting. When a lawyer meets a criminal suspect or defendant in custody, the detention center shall ensure the time and times required for the lawyer to perform his defense duties, and cooperate with the work arrangement of the detention center and the investigation work of the case-handling organ. Defense lawyers are not subject to monitoring when meeting criminal suspects and defendants, and the case-handling organ shall not send personnel to be present. In the case that the lawyer's interview room is insufficient, with the written consent of the defense lawyer, the detention center may arrange the interview in the interrogation room, but the recording monitoring equipment shall be closed. If a criminal suspect or defendant entrusts two lawyers as defenders, the two defense lawyers may meet together or separately. The defense lawyer can bring a paralegal to assist in the interview. When the assistant and the defense lawyer attend the meeting together, they shall produce the certificate of law firm and lawyer's practice certificate or apply for lawyer's practice certificate. The case-handling organ shall verify the identity of the paralegal.
Article 8 If a criminal suspect or defendant in custody proposes to terminate the entrustment relationship, the case-handling organ shall require him to issue or sign a written document and hand it over to the entrusted lawyer or law firm within three days. The defense lawyer may request to meet with the criminal suspect or defendant in custody, and the detention center shall arrange a meeting when confirming the termination of the entrustment relationship with him; However, if the criminal suspect or defendant refuses to meet in writing, the detention center shall hand over the relevant written materials to the defense lawyer and will not arrange the meeting.
If the guardian or close relative of the criminal suspect or defendant in custody terminates the entrusted defense lawyer relationship, the detention center shall allow the newly entrusted defense lawyer to meet with him with the consent of the criminal suspect or defendant, and the criminal suspect or defendant will confirm the new entrusted relationship; If the criminal suspect or defendant does not agree to terminate the entrustment relationship of the original defense lawyer, the detention center shall terminate the meeting with the new defense lawyer entrusted by him.
Article 9 In the course of investigation, a defense lawyer who requests to meet with a criminal suspect in custody for crimes endangering national security, terrorist activities or especially serious bribery crimes shall apply to the investigation organ. The investigation organ shall promptly examine the application for meeting made by the defense lawyer according to law, give a written reply to the defense lawyer within three days, and clearly inform the contact information of the department and staff responsible for contacting the defense lawyer. If a meeting is granted, a written decision to grant the meeting shall be issued to the defense lawyer; If the interview is not allowed because it hinders the investigation or may reveal state secrets, the reasons shall be explained to the defense lawyer. After the situation that hinders the investigation or may reveal state secrets disappears, the meeting shall be allowed, and the detention center and the defense lawyer shall be notified in time. Before the investigation of a particularly serious bribery case is completed, the investigation organ shall allow the defense lawyer to meet the criminal suspect at least once.
The investigation organ shall not arbitrarily explain and expand the scope of the three types of cases mentioned in the preceding paragraph, and restrict the lawyer's meeting.
Article 10 From the date when the case is transferred for examination and prosecution, the defense lawyer may meet with the criminal suspect and defendant and verify relevant evidence from them.
Article 11 When a defense lawyer meets with a criminal suspect or defendant in custody, he may, if necessary, make a meeting record, and after confirming that it is correct, ask the criminal suspect or defendant to sign the record.
Article 12 If a defense lawyer needs to be accompanied by an interpreter when meeting a criminal suspect or defendant in custody, he shall apply to the case-handling organ in advance, and submit the identity certificate of the interpreter and the certificate issued by his unit. The case-handling organ shall promptly review it and make a decision on whether or not to approve it within three days. If translators are allowed to attend the meeting, they shall issue a decision on permission to the defense lawyer and notify the detention center. If it is not allowed, it shall explain the reasons in writing to the defense lawyer and notify him to replace it.
Translators should attend the meeting with defense lawyers with the permission of the case-handling organ and their own identification.
Article 13 A detention center shall timely transmit the communication between defense lawyers and criminal suspects and defendants. The detention center may conduct necessary inspections on the letters, but it shall not intercept, copy or delete the letters, and shall not provide the contents of the letters to the case-handling organ, except that the contents of the letters involve situations that endanger national security, public safety, seriously endanger the personal safety of others, and are suspected of colluding with confessions or destroying evidence.
Article 14 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the case file materials, except for the discussion records of the procuratorial committee of the people's procuratorate, the collegial panel of the people's court and the judicial committee and other materials that cannot be disclosed according to law. The people's procuratorate and the people's court shall provide convenience for defense lawyers to consult, extract and copy the case files. Where conditions permit, electronic marking can be implemented, and materials can be burned and downloaded. The investigation organ shall, within three days after the case is transferred for examination and prosecution, and the people's procuratorate shall inform the defense lawyer of the case transfer within three days after the public prosecution is initiated. After the case is prosecuted, if the people's procuratorate adjusts or supplements the evidence attached to the case file, it shall promptly inform the defense lawyer. Defense lawyers have the right to consult, extract and copy adjusted or supplemented evidence materials. After the people's procuratorate and the people's court review and decide to file a complaint or protest case, the defense lawyer can consult, extract and copy the case file materials of the case that has been tried and concluded with the lawyer's practice certificate, the certificate of law firm and the power of attorney or the official letter of legal aid to the case file management department and the case handling department that holds the case file.
The people's procuratorate and the people's court shall arrange for defense lawyers to read the examination papers at that time. If it can't be done at that time, it shall explain and arrange for the defense lawyer to read the papers within three working days, and shall not limit the frequency and time of the defense lawyer's reading. Conditional places can set up a marking reservation platform.
People's procuratorates and people's courts shall provide places and facilities for defense lawyers to read papers and equip them with necessary equipment. If the cost of copying materials is incurred, only the work cost will be charged. The expenses incurred by lawyers in handling legal aid cases for copying materials shall be reduced or exempted. Defense lawyers can copy files by copying, taking photos, scanning and copying electronic data. And you can bring a paralegal to help with the marking as needed. The case-handling organ shall verify the identity of the paralegal.
If the file materials consulted, extracted and copied by defense lawyers belong to state secrets, they shall be approved by the people's procuratorate and the people's court, and shall abide by the state secrecy provisions. Lawyers shall not disclose or disseminate important information and files of cases in violation of regulations, and shall not be used for purposes other than defending or representing cases.
Article 15 When a defense lawyer submits materials related to a case, the case-handling organ shall receive them during working hours and office space, personally understand the purpose, source and main contents of the materials submitted by the defense lawyer, record them, attach them to the relevant materials, and issue a receipt. The defense lawyer shall submit the original. If it is really difficult to submit the original, he may also submit a copy with the permission of the case-handling organ. After checking with the original, the defense lawyer shall sign it. If the defense lawyer submits relevant materials online through the service platform, the case-handling organ shall issue a receipt online. The defense lawyer shall promptly provide the original to the case-handling organ for verification and signature confirmation.
Article 16 In the process of criminal prosecution and trial, if a defense lawyer applies in writing to obtain evidence materials that prove the innocence or light guilt of a criminal suspect or defendant collected by a public security organ or a people's procuratorate in the process of investigation, prosecution and examination, the people's procuratorate and the people's court shall conduct timely examination according to law. After examination, it is considered that the evidence materials applied by defense lawyers have been collected and related to the facts of the case, which shall be collected in time. After the relevant evidential materials are submitted, the people's procuratorate and the people's court shall promptly notify the defense lawyers to consult, extract and copy them. If it is decided not to transfer after examination, the reasons shall be explained in writing.
Article 17 If a defense lawyer applies to collect materials related to the case from the victim or witnesses provided by his close relatives or victims, the people's procuratorate and the people's court shall make a decision on whether to grant permission within seven days and notify the defense lawyer. When the defense lawyer submits the relevant application in writing, if the case-handling organ refuses to grant permission, it shall explain the reasons in writing; If a defense lawyer makes an oral application, the case-handling organ may give an oral reply.
Article 18 If a defense lawyer applies to a people's procuratorate or a people's court for collecting and obtaining evidence, the people's procuratorate or the people's court shall make a decision on whether to grant permission within three days and notify the defense lawyer. When the defense lawyer submits the relevant application in writing, if the case-handling organ disagrees, it shall explain the reasons in writing; If a defense lawyer makes an oral application, the case-handling organ may give an oral reply.
Article 19 When a defense lawyer applies to a prisoner for collecting materials related to the case, the prison and other supervisory organs shall arrange and provide appropriate places and facilities in time after examining the lawyer's practice certificate, the certificate of law firm and the power of attorney or legal aid letter of the criminal suspect or defendant.
If a criminal serving a sentence belongs to the victim of a case handled by a defense lawyer or his close relatives or witnesses provided by the victim, he shall obtain permission from the people's procuratorate or the people's court.
Article 20 In the course of civil and administrative proceedings, if a lawyer cannot collect evidence by himself due to objective reasons, he may apply to the people's court for obtaining it according to law. If it meets the requirements after examination, the people's court shall transfer it.
Twenty-first investigation organs before the end of the case investigation, the people's Procuratorate, the people's court during the examination and approval, decided to arrest, the Supreme People's Court during the review of the death penalty case, the defense lawyer made a request, the case-handling organ shall listen to the opinions of the defense lawyer. If the people's procuratorate examines and prosecutes and the people's court of second instance decides not to hold a hearing, it shall fully listen to the opinions of the defense lawyers.
If a defense lawyer requests to reflect his opinions or submit evidence materials in person, the case-handling organ shall handle it according to law and make a transcript attached. Written opinions and evidential materials put forward by defense lawyers shall be attached.
Article 22 If a defense lawyer applies in writing to change or lift compulsory measures, the case-handling organ shall make a decision within three days. If the defense lawyer's application complies with the law, the case-handling organ shall promptly change or lift the compulsory measures; If it is considered that compulsory measures should not be changed or lifted after examination, the defense lawyer shall be informed and the reasons shall be explained in writing.
Twenty-third defense lawyers in the investigation, prosecution, trial found that the relevant evidence of the case exists in the circumstances stipulated in Article 54 of the Criminal Procedure Law, you can apply to the case-handling organ to exclude illegal evidence.
If the defense lawyer applies for the exclusion of illegal evidence before the trial, and the people's court has doubts about the legality of the evidence collection, it shall hold a pre-trial meeting in accordance with the provisions of the second paragraph of Article 182 of the Criminal Procedure Law to understand the situation and listen to the opinions on the exclusion of illegal evidence.
If a defense lawyer applies for excluding illegal evidence, the case-handling organ shall listen to the opinions of the defense lawyer, review and verify the relevant evidence in accordance with legal procedures, and decide whether to exclude it according to law.
Article 24 Before a court session, if a defense lawyer applies for convening a pre-court meeting, withdrawing, making supplementary appraisal or re-appraising, and witnesses or experts appear in court, the people's court shall promptly examine and make a decision on handling the case, and inform the defense lawyer.
Article 25 When the people's court determines the date of the court session, it shall reserve the necessary preparation time for the lawyer to appear in court and notify the lawyer in writing. If a lawyer applies for changing the date of the court session for legitimate reasons such as the conflict of the date of the court session, the people's court shall consider adjusting the date without affecting the trial period of the case, and notify the lawyer in time if it decides to adjust the date.
Lawyers may, according to their needs, apply to the people's court to bring paralegals to participate in the trial. The paralegals can only engage in relevant auxiliary work when attending the trial, and may not express their opinions on defense or agency.
Article 26 A qualified people's court shall set up a special channel for lawyers to participate in litigation. If it is really necessary for lawyers to participate in litigation in the people's courts, they should be treated equally with prosecutors who perform their duties in court. Conditional people's courts shall set up special lawyers' locker rooms, lounges or rest areas, equipped with necessary tables and chairs, drinking water and Internet facilities to facilitate lawyers to participate in litigation.
Article 27 In the course of court hearing, if a lawyer applies for the withdrawal of a judge or prosecutor, the people's court and the people's procuratorate shall handle it according to law.
Article 28 In the course of a court hearing, with the permission of the presiding judge, a lawyer may ask questions to the parties, witnesses, expert witnesses and people with specialized knowledge.
Article 29 In the course of court trial, lawyers can cross-examine and debate the authenticity, legality and relevance of evidence from the aspects of the purpose, effectiveness, standard and process of proof.
Thirtieth in the process of court hearing, lawyers can debate the facts, evidence and applicable laws of the case in court.
Article 31 A judge should pay attention to the equality of litigation rights and the balance between prosecution and defense during the trial. The contents, methods and time of lawyers' questioning, cross-examination and debate shall be fairly guaranteed by the court according to law, so that lawyers can fully express their opinions and find out the facts of the case.
During the trial, the judge can guide the lawyer's questions and debates. The judge shall not interrupt or stop the lawyer's speech at will according to the procedure, except that the content of the speech is too repetitive, the relevant issues have been agreed at the pre-trial meeting, it is irrelevant to the case, or it insults, slanders, threatens others, and deliberately disrupts the court order.
Article 32 In the course of a court hearing, a lawyer may present evidence materials, apply for notifying new witnesses and people with specialized knowledge to appear in court, apply for obtaining new evidence, and apply for re-appraisal or inquest or inspection. In civil litigation, a person who applies for specialized knowledge to appear in court shall apply to the people's court before the expiration of the time limit for adducing evidence, and may appear in court only with the permission of the court.
Article 33 In the course of the court hearing, if the defendant's confession has undergone major changes and refuses to defend, the defense lawyer may communicate with the defendant with the permission of the presiding judge.
Article 34 In the course of a court hearing, a lawyer may apply to the court for an adjournment under any of the following circumstances:
(1) The defense lawyer refuses to defend the defendant due to legal circumstances;
(2) The defendant refuses to be defended by a defense lawyer;
(3) Need to prepare for the defense of new evidence;
(4) Other circumstances that seriously affect the normal conduct of the trial.
Article 35 If a defense lawyer defends innocence, he may express his opinions on sentencing defense in court or submit his opinions on sentencing defense after court.
Article 36 When a people's court tries a case through ordinary procedures, it shall specify in the judgment document whether the lawyer's defense and agency opinions put forward according to law are adopted or not, and explain the reasons.
Article 37 The case-handling organ shall inform the defense lawyers and attorneys-in-law of the main procedural information in litigation and the litigation documents served on the parties.
Article 38 In the course of court hearing, if a lawyer applies for withdrawal, case jurisdiction, exclusion of illegal evidence, notification of witnesses, expert witnesses and people with special knowledge, notification of new witnesses, re-appraisal and inquest, or raises objections to the court hearing procedure, he shall, in principle, adjourn the court for examination and make a decision in accordance with legal procedures. If other lawyers have the same objection, they should raise it together and the court will adjourn for review. If the court decides to reject the application or objection, the lawyer may file a reconsideration with the court. After reconsideration, lawyers should respect the decision of the court and obey the arrangement of the court.
The contents of the lawyer's reservations about the court's judgment shall be recorded in detail in the court trial record, which can be used as the reason for the complaint, or appeal and accuse to the people's procuratorate at the same level or at the next higher level.
Article 39 Where a lawyer applies for consulting the audio-visual materials recorded by the people's court, the people's court shall grant permission.
Article 40 After taking compulsory measures against lawyers suspected of committing crimes in litigation activities, the investigation organ shall notify their law firms or lawyers' associations within 48 hours.
Article 41 A lawyer may complain to the case-handling organ or its superior organ if he thinks that the case-handling organ and its staff obviously violate the legal provisions, hinder lawyers from performing their duties of defense and agency according to law, and infringe on lawyers' right to practice.
The case-handling organ shall unblock the channels for lawyers to reflect problems and complaints, clarify that the special department is responsible for handling lawyers' complaints, and disclose contact information.
The case-handling organ shall promptly investigate the lawyer's complaints, and if the lawyer requests to reflect the situation in person, he shall listen to the lawyer's opinions in person. If the investigation is true, it shall immediately correct it according to law, reply to the lawyer in time, do a good job of explanation, and inform the judicial administrative organ or the bar association to which it belongs.
Article 42 In criminal proceedings, if a lawyer believes that the following acts of the case-handling organ and its staff hinder the lawyer from exercising his litigation rights according to law, he may appeal and accuse to the people's procuratorate at the same level or at the next higher level:
(1) Failing to fulfill the obligation of informing, conveying, notifying and serving to the lawyer according to law;
(2) The case-handling organ has made an error in determining that a lawyer shall not act as a defender or an agent;
(3) Failing to accept or reply to a lawyer's application according to law;
(4) An application filed by a lawyer that should be allowed according to law is not allowed;
(5) Failing to listen to the opinions of lawyers according to law;
(six) other acts that hinder lawyers from exercising their litigation rights according to law.
If a lawyer files a complaint or accusation in accordance with the provisions of the preceding paragraph, the people's procuratorate shall conduct an examination within 10 days after accepting it and give a written reply to the lawyer on the handling. If the situation is true, notify the relevant authorities to correct it. If the situation is not true, do a good job of explanation.
The people's procuratorate shall strictly perform the legal supervision duties of ensuring lawyers to practice according to law and handle lawyers' complaints and accusations. In the process of handling cases, it is found that there are acts that hinder lawyers from exercising their litigation rights according to law, and they should put forward corrective opinions in a timely manner according to law.
Article 43 After investigation and verification, a lawyer's complaint, appeal and accusation shall be requested by the case-handling organ or its superior organ or the people's procuratorate to be corrected. Recidivists who refuse to correct or refuse to reform after repeated instruction by the relevant authorities shall be investigated and dealt with by the discipline inspection and supervision departments of the relevant authorities in accordance with relevant regulations. Disciplinary action shall be taken against those responsible who violate discipline.
Article 44 If a lawyer thinks that the case-handling organ and its staff members hinder him from exercising his right to practice according to law, he may apply to the municipal judicial administrative organ where his law firm is located and the lawyers' association to safeguard his right to practice. In case of emergency, you can apply to the judicial administrative organ or the bar association where the incident occurred to safeguard the right to practice. The judicial administrative organs and lawyers' associations in the place where the incident occurred shall give assistance.
The judicial administrative organ and the lawyers' association shall establish a quick disposal mechanism and a linkage mechanism to safeguard lawyers' practice rights, and arrange a special person to be responsible for timely coordination and handling. If a lawyer's application for rights protection is legal and well-founded, the judicial administrative organ and the lawyers' association shall advise the relevant case-handling organ to handle it according to law, and the relevant case-handling organ shall promptly report the handling situation to the judicial administrative organ and the lawyers' association.
Where the judicial administrative organ or the lawyers' association holds relevant certificates to investigate and verify the protection of lawyers' rights and interests or violations of discipline, the case-handling organ shall cooperate and assist and provide relevant materials.
Article 45 People's courts, people's procuratorates, public security organs, state security organs, judicial administrative organs and lawyers' associations shall establish a joint meeting system, communicate regularly on the work of safeguarding lawyers' practice rights, and promptly investigate and handle emergencies that infringe lawyers' practice rights.
Forty-sixth standardize the order of legal services according to law, and seriously investigate and deal with acts of counterfeiting lawyers and illegally engaging in legal services. Those who have not obtained a lawyer's practice certificate or whose practice certificate has been cancelled or revoked, provide legal services or engage in related activities in the name of lawyers, or engage in litigation agency or defense business for illegal profits by using the provisions of relevant laws on citizen agency, shall be investigated for responsibility according to law, and criminal responsibility shall be investigated according to law if serious consequences are caused.
Article 47 The organs handling cases mentioned in these Provisions refer to public security organs, state security organs, people's procuratorates and people's courts responsible for investigation, examination and arrest, examination and prosecution and trial.
Article 48 The paralegals mentioned in these Provisions refer to defenders, other lawyers in the law firm where lawyers work, and interns who apply for lawyer practice.
Article 49 These Provisions shall come into force as of the date of promulgation.