The judicial administrative department shall commend lawyers who have made outstanding contributions or made remarkable achievements. Article 6 A law firm shall not issue relevant lawyer qualification certificates to persons who have not obtained lawyer practice certificates. Article 7 A lawyer undertaking business shall be entrusted by a law firm in a unified way, sign a written entrustment contract with the client, collect fees in a unified way according to the relevant provisions of the state and the province, record them truthfully and pay taxes according to law.
Without the consent of the client, a lawyer may not transfer the entrusted matters to others for handling.
Lawyers shall not engage in paid legal services as non-lawyers. Article 8 Lawyers shall perform their legal aid obligations according to law, provide legal services that meet the standards for recipients, and safeguard the legitimate rights and interests of recipients. Article 9 Lawyers are encouraged to put forward opinions and suggestions on local legislation, government decision-making and government management of economic and social affairs according to law. Article 10 Lawyers may provide the following legal services to criminal suspects in the process of criminal case investigation according to law:
(a) to understand the reasons, places, times, charges and the main criminal facts that have been found out about the case from the investigation organ;
(two) to understand the situation of the case from the criminal suspect, and whether his personal rights, property rights and litigation rights have been violated after taking compulsory measures;
(3) Acting as an agent for criminal suspects to appeal and accuse;
(4) applying for changing or lifting the compulsory measures against the criminal suspect;
(5) Submitting materials and opinions to the investigation organ that the criminal suspect is innocent, the crime is light, or his criminal responsibility is reduced or exempted. Article 11 If a lawyer holds a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid and requests to meet with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest. If the detention center cannot arrange or limit the number or time of meetings in time, it shall inform the reasons in writing.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, lawyers should obtain the permission of the investigation organ when meeting with criminal suspects in custody during the investigation. If the license is not granted, the reasons shall be informed in writing.
Lawyers are not monitored when meeting with criminal suspects and defendants.
An intern who applies for practicing as a lawyer shall hold a lawyer's practice certificate when meeting a criminal suspect or defendant in custody. Article 12 When meeting a criminal suspect or defendant in custody, a lawyer shall not deliver letters or property to the criminal suspect or defendant, nor shall he provide communication tools for the criminal suspect or defendant to use. Article 13 A lawyer with a lawyer's practice license, a law firm's practice license, a power of attorney or a letter of legal aid may investigate the legal affairs undertaken by the relevant units and individuals.
When handling criminal defense business, lawyers may collect materials related to the cases they undertake with the consent of witnesses or other relevant units and individuals. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, materials related to the case undertaken may be collected from him. Article 14 A lawyer may, according to the needs of a case, apply in writing to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
The people's procuratorate and the people's court shall give a reply on whether or not to approve the lawyer's application within seven days. Do not agree, it shall explain the reasons in writing.
The people's procuratorate and the people's court shall, according to the evidence collected and obtained by the lawyer's application, inform the applicant lawyer in time. Article 15 When it is difficult for a lawyer to obtain relevant evidence through his own investigation and evidence collection, he may apply to the people's court for an investigation order. If it disagrees, it shall inform the applicant lawyer. Article 16 A lawyer has the right to consult, extract and copy the case file of the case he undertakes according to law. In the process of appeal and retrial, they have the right to consult, extract and copy the files of the original trial according to law. Article 17 The people's courts, people's procuratorates, public security organs, administrative reconsideration organs and arbitration institutions shall sign for the evidence materials related to the case submitted by lawyers. Article 18 The people's court shall provide necessary preparation time for lawyers to appear in court according to law when determining the date of court session. If a lawyer can't appear in court on schedule for justified reasons, he may apply to the people's court for changing the date of the court session, and the people's court shall study it. Article 19 Lawyers shall abide by the trial rules and court order, and shall not make statements that endanger national security, maliciously slander others or seriously disturb the court order.
In the course of court proceedings, the judge shall ensure that lawyers exercise their right to debate or defend according to law. Without justifiable reasons, the judge shall not restrict or interrupt the lawyer's questioning and cross-examination, shall not express opinions on defense and agency, and shall not illegally order the lawyer to leave the court or restrict the lawyer from participating in litigation activities.