Article 36 stipulates that during the investigation period, defense lawyers may provide legal assistance to criminal suspects; represent them in appeals and accusations; apply for changes in compulsory measures; and learn from the investigation agencies about the suspect’s alleged crimes. and provide opinions regarding the case.
In order to further protect lawyers' rights to practice and improve lawyers' practice standards, the All-China Lawyers Association recently issued the "Standards for Lawyers Handling Criminal Cases", which clearly stipulates lawyers' participation in criminal proceedings. The regulations are clear. Lawyers participating in criminal proceedings perform their duties as defense agents in accordance with the law, and their personal rights and professional rights are not infringed. The defense and representation opinions expressed by lawyers during their participation in criminal proceedings shall not be subject to legal prosecution, except for opinions that endanger national security, maliciously slander others, or seriously disrupt court order. According to the regulations on standardized practice disciplines, lawyers are not allowed to violate the regulations by meeting with staff of the case-handling agency, discuss case-handling opinions within the case-handling agency, or use special relationships to influence the handling of cases in accordance with the law; they are not allowed to use illegal means to disrupt public order or endanger public security. Crowds, creating impact, etc. The norms also stipulate nine rights and relief clauses to ensure the normal practice of lawyers. For example, it stipulates that if the case-handling agency and its staff "illegally do not allow defense lawyers to access, excerpt, and copy case file materials" or any of the 16 types of obstructions that hinder lawyers from exercising their rights to practice or litigate, they may appeal to the People's Procuratorate at the same level or the next higher level. Or accuse. If a lawyer encounters six situations in the course of his practice, such as "making remarks that are interrupted or stopped in accordance with the law during court hearings," and believes that his or her practice rights have been infringed, he or she may apply to the relevant bar association to safeguard his or her practice rights.
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Legal Basis
Article 36 of the "Criminal Procedure Law of the People's Republic of China and the State" Legal aid agencies can assign lawyers to be on duty in people's courts, detention centers and other places. If the criminal suspect or defendant has not appointed a defender, and the legal aid agency has not assigned a lawyer to defend him or her, the duty lawyer shall provide the criminal suspect or defendant with legal consultation, procedural selection suggestions, application for change of compulsory measures, case handling opinions, etc. assistance. People's courts, people's procuratorates, and detention centers should inform criminal suspects and defendants of their right to meet with duty lawyers, and provide convenience for criminal suspects and defendants to meet with duty lawyers.
Article 38 of the "*** and Criminal Procedure Law of the People's Republic of China" Defense lawyers may provide legal assistance to criminal suspects during the investigation; represent complaints and accusations; apply for changes in compulsory measures; submit to the investigation The agency learns about the suspect's alleged crime and circumstances related to the case, and provides opinions.