What should a lawyer do against his client's wishes?
When encountering such problems, we should deal with specific problems. When there is a disagreement between the defense lawyer and the client, the first basis for the lawyer to make a choice is whether it violates the facts and the law; Secondly, it is the will of the parties; Again, this is a verdict. When the defense lawyer disagrees with the client's defense opinion, it is common for the client to insist that the lawyer obey his will. The following are common situations:
First, if the opinions of the parties obviously violate the law and distort the facts, the defense lawyer should persuade them to give up. If the client insists, the lawyer should insist on defending according to his own point of view. The unreasonable sophistry of defenders will inevitably damage their reputation in society. It is not worth the loss to damage the good reputation gained over the years in order to cater to the psychology of the parties concerned.
Second, there are differences within the judiciary on how to handle cases. Although the defense lawyers of the parties disagree, they can also tell some truth. A defense lawyer shall allow the parties to choose and defend according to the opinions of the parties.
Third, the judicial organs have no differences on the handling of the case, but there are disputes on the legal issues involved in this case in theory. If the defense lawyers of the parties disagree, but they can also tell some truth, the defense lawyers can defend according to the opinions of the parties.
Fourth, the facts claimed by the parties are inconsistent with the facts identified in the indictment. Although there are credible factors, but there is no definite evidence to prove that the parties insist on their own facts, the defense lawyer should defend according to the facts stated by the parties.
Deliberately distort the facts. What crime?
This should be determined in combination with other plots. If the criminal facts of others are deliberately concealed, and all the crimes in which the criminal participated are distorted into the behavior of another fugitive accomplice, so that the criminal facts of this criminal are not discovered by the judicial organs, it is a crime of harboring.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 114 If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;
(6) Refusing to perform a legally effective judgment or ruling of the people's court.
The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.
People's Republic of China (PRC) Lawyers Law
Article 2 The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients. Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice. Article 3 Lawyers must abide by the Constitution and laws, and strictly abide by lawyers' professional ethics and practice discipline. Lawyers' practice must be based on facts and take the law as the criterion. Lawyers' practice should be supervised by the state, society and the parties concerned. Lawyers' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers.
Article 37 The personal rights of lawyers in their practice activities are inviolable. Lawyers' opinions on agency and defense expressed in court are not subject to legal investigation. Except for statements that endanger national security, maliciously slander others, and seriously disrupt court order. If a lawyer participates in litigation activities and is suspected of committing a crime, the investigation organ shall promptly notify the law firm where he belongs or the lawyers association to which he belongs; If a lawyer is detained or arrested according to law, the investigation organ shall notify the lawyer's family in accordance with the provisions of the Criminal Procedure Law.
Article 49 If a lawyer commits any of the following acts, the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government with districts shall give him a punishment of stopping practicing for more than six months but less than one year, and may also impose a fine of less than 50,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (
1) Meeting with judges, prosecutors, arbitrators and other relevant staff in violation of regulations, or otherwise affecting the handling of cases according to law;
(2) Offering bribes to judges, prosecutors, arbitrators and other relevant staff members, introducing bribes or instigating or inducing parties to pay bribes;
(3) Providing false materials to the judicial administrative department or committing other fraudulent acts;
(4) Deliberately providing false evidence or threatening or inducing others to provide false evidence, which hinders the other party from obtaining evidence according to law;
(5) accepting property or other benefits from the other party, and maliciously colluding with the other party or a third party to infringe upon the rights and interests of the client;
(6) Disrupting the order of courts and arbitration tribunals and interfering with the normal conduct of litigation and arbitration activities;
(seven) inciting or instructing the parties to take illegal means such as disturbing public order and endangering public security to resolve disputes;
(8) making statements that endanger national security, maliciously slander others, and seriously disturb the order of the court;
(9) divulging state secrets.
If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate.
Criminal law of the people's Republic of China
Article 310 Whoever knowingly provides a criminal with a hiding place or property to help him escape or commit perjury to cover up shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever commits the crime mentioned in the preceding paragraph and conspires in advance shall be punished as an accomplice.
Article 246
Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. Through the information network
If the victim tells the people about the acts specified in the first paragraph, but it is really difficult to provide evidence, the people may request the public security organs to provide assistance.