Will the lawyer in the Hangzhou nanny arson trial be punished for leaving the court?

65438 On the morning of February 21, the Hangzhou nanny’s arson case was heard in the Hangzhou Intermediate People’s Court. It was learned from the court hearing that defendant Mo Huanjing’s defense lawyer Dang Linshan raised jurisdictional objections and unilaterally announced his withdrawal. Subsequently, the court adjourned the court and postponed the trial.

Generally speaking, after the lawyer leaves the court without permission, the court will ask the defendant whether to change defense lawyers. If the defendant insists on not changing lawyers, the court will appoint an assisting lawyer. If the defendant still refuses, the court will consider the defendant to be defending himself. Looking back at the specific legal provisions, there is no clear provision that "lawyers shall not participate in defense again after leaving the court." The Hangzhou Intermediate People's Court stated in the trial instructions that according to Articles 253 to 256 of the Judicial Interpretation of the Criminal Procedure Law, within 15 days, the defender entrusted by the defendant or the defender appointed by the court will prepare a defense in accordance with the law, and the case will be Set a date to continue the trial.

The explanation from the Hangzhou Intermediate People’s Court mentioned, “Defender Lawyer Dang Linshan ignored court discipline, disobeyed the presiding judge’s instructions, left the court without authorization, and refused to continue defending the defendant Mo Huanjing. The presiding judge decided to suspend the court in accordance with the law. "Personally, I believe that the court may regard his angry withdrawal of the lawsuit as disturbing the order of the court, and therefore may make judicial recommendations and ask the judicial department to punish him.

According to Article 49 of the Lawyers Law, anyone who disrupts court order and interferes with normal litigation activities shall be given a suspension of practice for more than six months by the judicial administrative department of the people's government of a districted city or municipality directly under the Central Government. A fine of not more than 50,000 yuan may be imposed; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall revoke his lawyer's practicing certificate; if a crime is constituted, the lawyer's practicing certificate shall be revoked in accordance with the law. Pursuing criminal liability.