Provisions of Jilin Province on Protecting Lawyers from Performing Their Duties

Article 1 In order to ensure that lawyers perform their duties according to law and give full play to the role of lawyers in the construction of socialist democracy and legal system, these Provisions are formulated in accordance with the relevant laws and regulations of the state and the actual situation of our province. Article 2 These Provisions shall apply to lawyers who hold "People's Republic of China (PRC) Lawyer's Work Permit" or "Guest Lawyer's Work Permit" (hereinafter referred to as "Lawyer's Certificate") to perform their duties in this province. Except as otherwise provided by laws and regulations. Article 3 In performing their duties, lawyers must be loyal to facts, laws, professional ethics and work discipline. Article 4 A lawyer who accepts entrustment, engagement or assignment may handle the following legal affairs:

(a) as a legal adviser to state organs, social organizations, enterprises, institutions and other organizations and citizens;

(2) Acting as an agent for the parties in civil, economic and administrative litigation cases;

(three) as a defender of the defendant in a criminal case, and accept the entrustment of the private prosecutor in a private prosecution case, the victim in a public prosecution case and their close relatives as agents;

(four) as an appeal agent for the parties and victims in criminal, civil and administrative proceedings;

(5) Being the applicant for administrative reconsideration and the agent of the third party;

(6) Acting as an agent for the parties to an arbitration case;

(7) Acting as an agent for non-litigation legal affairs;

(8) Answering legal affairs consultation and writing litigation documents and other documents related to legal affairs;

(nine) to handle other legal affairs permitted by law. Article 5 A law firm is a working organization for lawyers to perform their duties. Established with the approval of the judicial administrative organ, subject to its leadership and professional supervision.

Without the consent or appointment of a law firm, a lawyer may not undertake lawyer business and collect remuneration.

A lawyer may not perform his duties in two law firms at the same time. Article 6 Lawyers' performance of their duties according to law is protected by law, and no unit or individual may interfere, obstruct, insult, slander or take revenge.

State organs, social organizations, enterprises, institutions and citizens shall support lawyers in performing their duties according to law. Article 7 When a lawyer participates in litigation, arbitration or investigation and evidence collection, he shall present the lawyer's practice certificate issued by the judicial administrative organ at or above the provincial level, and submit the power of attorney of the parties and the special certificate of the law firm. Article 8 When a lawyer acts as a defender or agent to participate in litigation and arbitration activities, he may consult the case file and extract and copy the materials related to the case. The people's court or arbitration institution shall provide file materials and marking places.

Lawyers copying case materials shall be handled in accordance with relevant state regulations.

The materials extracted and copied by lawyers, together with other relevant materials of the case, shall be deposited in the files of the law firm. Article 9 A lawyer may, with the consent of his law firm, apply to a people's court or an arbitration institution for an extension of the hearing three days before the hearing due to illness, business trip or undertaking more than two cases at the same time. The people's court or arbitration institution may decide the time to postpone the hearing according to the trial of the case. Article 10 Lawyers may collect evidence from relevant state organs, social organizations, enterprises and institutions, other organizations and citizens in performing their duties. Relevant state organs, social organizations, enterprises and institutions, other organizations and citizens shall truthfully provide evidence materials and shall not refuse. Article 11 A lawyer may meet the defendant in custody because of the need of handling a case, and the detention organ shall provide a meeting place. Those who must be guarded shall be guarded by guards, but they shall not interfere with the conversation between lawyers and defendants or inquire about the content of the conversation. Lawyers shall abide by the meeting system of detention centers.

The lawyer meeting shall be conducted by two lawyers or a lawyer and a staff member designated by the law firm. Article 12 When a lawyer communicates with a defendant in custody who undertakes a case, he must affix the seal of the law firm, and the detention organ shall deliver it in time and shall not conceal or destroy it. Thirteenth lawyers need to investigate and collect evidence when handling cases. Where the personal freedom of a witness is restricted according to law, a lawyer may, accompanied by the personnel of the relevant organs, investigate and collect evidence related to handling the case.

During the pre-trial period, if a lawyer's investigation has an interest in the criminal's own case, he shall draw up an investigation outline, and the public security and procuratorial organs shall ask him about the situation and hand over the materials to the competent lawyer or his law firm in time. Article 14 A lawyer has the right to refuse to defend the defendant or agent who makes illegal demands or refuses to truthfully state the case, and the explanation and persuasion are ineffective, or to terminate the agency contract and notify the client in time. Article 15 When a people's court tries or mediates a case, and an arbitration institution arbitrates or mediates a dispute, if a lawyer is involved, it shall notify the lawyer to appear in court three days before the court session. The identity of a lawyer shall be announced during the trial, and lawyers shall not be accused or illegally restricted from participating in litigation or arbitration activities in court.

Lawyers shall abide by the procedures and disciplines of the court or arbitration tribunal. Article 16 In the process of hearing a case in a people's court, a lawyer has the right to produce evidence materials collected by himself according to law, and has the right to ask questions, cross-examine and debate. The people's court shall correctly record the defense or agency opinions expressed by lawyers in court.