Provisions on changing lawyers in criminal proceedings

Former judges and prosecutors shall not serve as agents ad litem or defenders within two years after leaving office. According to Article 39 of the Lawyers Law of People's Republic of China (PRC) (revised 20 17), a lawyer who once served as a judge or prosecutor shall not serve as an agent ad litem or defender within two years after leaving the people's court or people's procuratorate.

At the same time, according to Article 37 of the Public Prosecutors Law of the People's Republic of China, after leaving the People's Procuratorate, a public prosecutor shall not act as an agent ad litem or defender as a lawyer for two years.

In addition, according to Article 36 of the Judges Law of People's Republic of China (PRC), a judge may not act as an agent ad litem or defender as a lawyer within two years after leaving the people's court.

Extended data:

Circumstances in which you may not act as an agent ad litem or engage in defense business (as stipulated in the Lawyers Law):

1. A civil servant may not concurrently be a practicing lawyer. Lawyers who are members of the Standing Committees of people's congresses at all levels shall not engage in litigation agency or defense business during their term of office.

2. A lawyer shall not act as an agent for both parties in the same case, nor shall he act as an agent for legal affairs that have conflicts of interest with himself or his close relatives.

3. A lawyer who has been punished for stopping practicing for more than six months, and whose punishment period is less than three years, shall not be a partner. A person whose lawyer's practice certificate has been revoked shall not act as a defender or agent ad litem unless he is a guardian or close relative of a party in criminal, civil or administrative litigation.

Baidu Encyclopedia-China People's Judge Law

Baidu Encyclopedia-Public Prosecutor Law of the People's Republic of China

Baidu Encyclopedia-People's Republic of China (PRC) Lawyer Law