Have any lawyers been arrested for breaking the law? Lawyers are a very serious profession. Lawyers are very familiar with legal knowledge. Lawyers, like ordinary people, should abide by laws and regulations. When representing litigation matters, we should also pay attention to maintaining fairness and authenticity, and should not falsify evidence. The following share lawyers arrested for breaking the law.
Lawyers are caught in violation of the law 1 People's Republic of China (PRC) Lawyers Law Article 47 If a lawyer commits any of the following acts, the judicial administrative department of the district people's government at the municipal level with districts or municipalities directly under the Central Government shall give him a warning and may impose a fine of not more than 5,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for less than three months shall be given:
(1) Practicing in two or more law firms at the same time;
(2) Undertaking business by improper means;
(3) Representing both parties in the same case, or representing legal affairs that have conflicts of interest with himself and his close relatives;
(4) Failing to serve as an agent ad litem or defender within two years after leaving the people's court or people's procuratorate;
(5) Refusing to perform the obligation of legal aid.
Article 48 of the Lawyers Law of People's Republic of China (PRC): "If a lawyer commits any of the following acts, the judicial administrative department of the district people's government at the municipal level or municipality directly under the Central Government shall give him a warning and may concurrently impose a fine of less than 10,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for more than three months and less than six months shall be given:
(1) Accepting entrustment, charging fees, accepting property or other benefits from customers without permission;
(two) after accepting the entrustment, refusing to defend or represent without justifiable reasons, and not appearing in court on time to participate in litigation or arbitration;
(three) to seek the disputed rights and interests of the parties by taking advantage of the convenience of providing legal services;
(4) divulging business secrets or personal privacy ".
The lawyer was arrested for breaking the law. 2. Penalties for administrative detention of lawyers.
Lawyers who are administratively detained need to be executed in detention centers. Administrative detention is not a criminal punishment, and lawyers will not revoke their licenses.
Can I see a lawyer during public security detention?
In public security administrative cases, the lawyer's agency activities may occur in the process of administrative punishment or after the administrative punishment is made. In the process of administrative punishment, lawyers often represent them.
However, in this process, the problem of lawyers meeting with the parties whose personal freedom is restricted generally does not arise. However, meeting with lawyers after administrative punishment is generally an administrative reconsideration or an administrative lawsuit, and there may be problems that lawyers meet the parties detained by public security and have not suspended their execution.
Article 3 1 of the Lawyers Law stipulates that when a lawyer acts as a defender, he shall, according to facts and laws, put forward materials and opinions on whether the criminal suspect or defendant is innocent, his crime is light or his criminal responsibility is reduced or exempted, so as to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
It can be seen that the lawyer's right to practice in litigation activities given by the lawyer law essentially comes from the provisions of the relevant state procedural law.
Article 3 1 of the Administrative Procedure Law stipulates that the parties and their legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (2) Close relatives or staff members of the parties concerned; (three) citizens recommended by the community, units and relevant social groups where the parties are located.
Article 32 of the Administrative Procedure Law stipulates that:
Lawyers representing litigation have the right to consult and copy relevant materials of this case in accordance with regulations, and have the right to investigate relevant organizations and citizens and collect evidence related to this case. Materials involving state secrets, commercial secrets and personal privacy shall be kept confidential according to law.
The parties and other agents ad litem have the right to consult and copy the trial materials of this case in accordance with the provisions, except those involving state secrets, commercial secrets and personal privacy.
It can be seen that the lawyer was refused to meet the detained party by the relevant department in the process of handling the last case, and the problem lies in the legal gap. However, this issue should not be forgotten by law, because it is related to whether the legitimate rights and interests of the parties can be safeguarded in time and effectively.
The role of lawyers in detention
First of all, the timely intervention of lawyers is a necessary condition for effectively safeguarding the legitimate rights and interests of citizens.
Ordinary citizens can't be familiar with all the detailed regulations of public security management. Once there is a situation that may violate the public security administration punishment law and face punishment from public security organs, it is most necessary to obtain comprehensive and accurate relevant legal knowledge at the first time.
The punished person urgently needs to know from the lawyer what their legitimate rights and interests are, especially the right to appeal, the right to apply for suspension of administrative detention, the right to reconsideration or litigation, and the right to unrestricted free communication. These rights are often vaguely mentioned in the transcripts of public security organs, and individual cases even restrict the exercise of the punished by deception and intimidation.
The detention period is generally less than 15 days, which is much shorter than the detention period of criminal suspects, but because of this, the punished person needs legal help from a lawyer in time.
For example, the application for suspension of execution is stipulated by law. Once a person is put into detention, how can he be informed of the detailed provisions of the application? If the lawyer is not allowed to meet, how can the punished person sign the application drafted by the lawyer? Therefore, it is necessary for lawyers to intervene during detention, which is conducive to protecting the legitimate rights and interests of the perpetrator.
The lawyer was arrested for breaking the law. 3. About lawyers handling cases illegally.
If a lawyer commits one of the following acts, the judicial administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government or city divided into districts shall give him a warning, and 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.