Draft spells out lawyers' rights

Defense lawyers will find it easier to meet criminal suspects and obtain evidence, according to a draft amendment submitted to the top legislature yesterday.

The draft amendment to the Law on Lawyers, presented to the 28th session of the Standing Committee of the National People's Congress (NPC) for first review, stipulates that:

Apart from cases related to State secrets, criminal lawyers can meet clients after initial interrogation by judicial organs.

Conversations between attorneys and suspects shall not be monitored.

Defense lawyers have the right to read all files and materials relating to the case.

Lawyers can collect evidence by themselves, or apply to prosecuting organs and courts to help collect evidence.

They can also ask courts to force witnesses to testify.

The current Criminal Procedure Law allows suspects to meet their lawyers after police interrogation, but does not provide any details. The Law on Lawyers has no relevant stipulations at all, leading to many suspects being unable to meet their lawyers because of police manipulation.

Wang Rong, a Shanghai lawyer specializing in criminal defense, said many lawyers are unwilling to handle criminal cases.

This is because they often face difficulty in meeting clients, getting hold of case materials and obtaining evidence.

"Faced with insufficient legal provisions and strong judicial organs, lawyers are weak," he said.

The amendment changes the situation, said Minister of Justice Wu Aiying in her report to the committee, by "safeguarding lawyers rights, especially in criminal defense".

The draft amendment also specifies that opinions expressed, and remarks made, by defense lawyers in court - provided they do not threaten national security or slander others - cannot give rise to prosecution.

"Judicial organs that decide to detain or arrest a lawyer suspected of involvement in a crime related to a case before the court, must inform the lawyer's family and the law firm, as well as the lawyers' association within 24 hours," Wu said, citing the draft.

The draft amendment also allows lawyers who have been practising for five years to establish individual law firms, provided that they have never had their license suspended.

The NPC Committee for Internal and Judicial Affairs said in a review report that the changes in the draft amendment are in line with the basic principles of the existing Criminal Procedure Law, and could "effectively improve lawyers' working conditions".

To make further improvement, the report said it is necessary to amend the Criminal Procedure Law as well.

Figures from the Ministry of Justice show that the country has more than 130,000 lawyers working in 13,000 law firms. Last year, Chinese lawyers handled more than 1.8 million litigation cases and 1.15 million non-litigation cases and provided legal aid in more than 5.2 million cases.

Source: China Daily