Several Provisions on Ensuring Lawyers' Practice Rights in Criminal Proceedings
Article 1: These regulations are formulated to safeguard the practicing rights of lawyers in criminal litigation activities, in accordance with the Criminal Procedure Law of the People's Republic of China, the Lawyers Law of the People's Republic of China, the Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, the Ministry of Justice, and the Legislative Affairs Commission of the Standing Committee of the National People's Congress on Several Issues Concerning the Implementation of the Criminal Procedure Law, the Regulations of the Shenzhen Special Economic Zone on Lawyers, and relevant provisions, combined with the specific circumstances of Shenzhen City.
Article 2: During the investigation stage, investigative organs shall inform criminal suspects of their right to retain a lawyer to provide legal consultation, represent them in filing petitions and complaints, and apply for bail pending trial, and shall record this in the case files.
When a lawyer entrusted by a criminal suspect or their relatives inquires with the investigative authority about the charges against the suspect and the place of detention, the investigative authority shall provide such information.
If a criminal suspect requests to retain a lawyer, they may select a lawyer from the "Criminal Defense Lawyer Directory" placed by the Shenzhen Lawyers Association in detention facilities, and contact the chosen lawyer through their relatives or directly.
Article 3: During the investigation stage, a commissioned lawyer who requests to meet with a criminal suspect in custody shall not be required to obtain approval if the case does not involve state secrets. When a lawyer requests a meeting, the investigation authority shall, after receiving the written materials from the commissioned lawyer requesting the meeting, issue a meeting notice and arrange the lawyer's meeting within 48 hours; for major and complex joint crime cases, the investigation authority shall issue a meeting notice and arrange the lawyer's meeting within 5 days.
Where state secrets are involved, the investigating authority shall, within 5 days after the lawyer submits the application, make a decision to approve or deny the application, and issue to the lawyer either a Decision to Approve Meeting with the Criminal Suspect in Custody or a Decision to Deny Meeting with the Criminal Suspect in Custody.
Article 4: During the investigation stage, a lawyer meeting with a detained criminal suspect shall present the following documents and credentials:
(1) Power of Attorney;
(2) Lawyer's practice certificate;
(3) a special certificate issued by the law firm for meeting with a criminal suspect;
(4) Notice of arrangement for lawyer meeting or decision approving lawyer meeting.
A lawyer does not need approval from the detention facility to meet with a detained criminal suspect or defendant.
I'm ready to help translate your Chinese legal content into professional English for the Shenzhen Zhiming Law Firm website. Please provide the Chinese text you'd like me to translate.Article 5: When a lawyer meets with a detained criminal suspect or defendant, they may learn about the following case information:
(1) Basic information of the criminal suspect or defendant;
(2) whether the criminal suspect or defendant committed or participated in the suspected crime;
(3) The criminal suspect's or defendant's statements regarding the facts and circumstances of the case;
(4) The criminal suspect's or defendant's arguments regarding their innocence or mitigated circumstances;
(5) Whether the legal formalities for the adoption of compulsory measures are complete and whether the procedures are lawful;
(6) whether their personal rights and litigation rights were violated after compulsory measures were taken;
(7) Present evidence for identification by the criminal suspect or defendant;
(8) Other case-related information that needs to be understood.
When a lawyer meets with a detained criminal suspect or defendant, they have the right to make meeting records and require the suspect or defendant to sign them after confirming accuracy. The detention facility shall provide necessary convenience for lawyers to make meeting records and present evidence for identification by the suspect or defendant.
Article 6: When a lawyer meets with a detained criminal suspect during the investigation stage, the investigative authority may have personnel present based on the circumstances and needs of the case, but shall not interfere with or affect the lawyer's normal meeting.
Lawyers' meetings with criminal suspects or defendants in custody shall always take place within the detention facility. The detention facility shall not interfere with meetings and conversations between lawyers and criminal suspects or defendants during the facility's working hours; necessary security measures shall be limited to those that do not cause apprehension for the criminal suspect or defendant or impede normal communication between the lawyer and the criminal suspect or defendant; after the meeting concludes, the detention facility shall not inquire about the content of the conversation between the criminal suspect or defendant and the lawyer.
Article 7: Lawyers' meetings with prisoners serving sentences in prison shall be conducted in accordance with the "Interim Provisions on Lawyers Meeting with Prisoners in Custody" issued by the Ministry of Justice, and the prison and its superior authorities shall legally guarantee the lawyer's right to meet.
Article 8: If a lawyer applies for release on bail pending trial for a criminal suspect or defendant under detention, the case-handling authority shall, within 7 days after receiving the application, make a written reply on whether it agrees, and serve it on the entrusted lawyer.
Article 9: The people's court shall serve the notice of court session to the entrusted or appointed lawyer at least three days before the trial. If the lawyer receives the notice less than three days before the trial, they have the right to raise an objection, and the people's court shall change the trial date upon the lawyer's request, except in cases applying summary procedures.
If a lawyer has legitimate reasons for being unable to appear in court on time and requests a change of trial date, they shall submit a written application to the people's court at least three days before the trial, along with a written certification from the Shenzhen Lawyers Association. If these conditions are met, the people's court shall change the trial date.
Article 10: During the review of arrest and prosecution stages, a lawyer has the right to submit a legal opinion to the procuratorial authority stating that the criminal suspect is innocent or has minor guilt. This opinion shall be transferred with the case file. If the lawyer proposes a recommendation against arrest or prosecution, the procuratorial personnel shall hear the lawyer's opinion in person.
If the procuratorial organ decides not to initiate prosecution, it shall, within 2 days after announcing the decision not to initiate prosecution, serve a copy of the written decision not to initiate prosecution on the entrusted lawyer.
Article 11 When a people's court of first instance pronounces a judgment or ruling, it shall notify the lawyer to attend. If the judgment or ruling is pronounced in court, the written judgment or ruling shall be served on the lawyer within 5 days. If the judgment or ruling is pronounced on a scheduled date, the lawyer shall be notified in writing or orally to attend the pronouncement before it is made, and the written judgment or ruling shall be served on the lawyer immediately after the pronouncement.
The court of second instance shall serve the adjudicative document to the lawyer in accordance with the preceding paragraph. If the court of first instance is entrusted by the court of second instance to announce the judgment, it shall serve the adjudicative document to the lawyer in accordance with the provisions of the first paragraph of this article.
Lawyers who did not attend the pronouncement of judgment have the right to collect the judgment documents from the People's Court.
Article 12: Lawyers may apply to the People's Court or the People's Procuratorate to collect or obtain evidence from witnesses provided by the criminal suspect or defendant, or from other relevant units, that may affect the determination of case facts and the application of law. The People's Court or the People's Procuratorate shall review the application in accordance with the law. If it deems it truly necessary, it shall collect or obtain the relevant evidence in accordance with the law and produce records to be attached to the case file.
If a lawyer applies to the people's court for collecting evidence from a witness, or the people's court provides such collection to the victim or their close relatives, the people's court shall make a decision on whether to grant permission within 7 days and notify the applicant.
When the People's Court or the People's Procuratorate collects or obtains evidence based on a lawyer's application, it may notify the applicant to be present. The collected or obtained evidence shall be promptly copied and transferred to the applicant.
Article 13: Investigative organs and detention facilities shall permit detained criminal suspects or defendants to hand over written defense materials or materials reporting others' crimes to the entrusted lawyer for forwarding to relevant departments.
The investigating authority shall, within 7 days from the date of receiving the above-mentioned materials forwarded by the lawyer, notify the lawyer in writing of how the matter has been handled.
Article 14: During court proceedings, if a lawyer believes that evidence materials collected by investigative organs or the people's court during the investigation and prosecution stages, proving the defendant's innocence or lesser guilt, need to be presented in court, the lawyer may apply to the people's court to retrieve such evidence materials from the public security organs or the people's court.
Article 15: During court proceedings, judicial personnel shall fully ensure that defense lawyers have equal rights to argue with prosecutors, and shall not impose restrictions on lawyers' normal performance of their duties.
Article 16: Evidence, legal opinions, representation statements, defense statements, and relevant documents submitted by lawyers on behalf of criminal suspects or defendants during the investigation, prosecution, and trial stages shall be signed for and filed by investigative organs, the people's court, or the people's court.
Article 17 If a lawyer believes that a compulsory measure taken against a criminal suspect or defendant has exceeded the statutory time limit, the lawyer has the right to apply to the case-handling authority for the removal or modification of the compulsory measure taken against the criminal suspect or defendant. The case-handling authority shall, within 7 days after receiving the lawyer's written application, give a written reply as to whether it agrees.
Article 18: If investigative organs, people's courts, people's courts, and other relevant departments and their staff violate the law or these Provisions and infringe upon lawyers' practice rights, lawyers may report the matter to the municipal judicial administrative organ or the municipal lawyers association, or may directly lodge a complaint with the discipline inspection and supervision departments of the investigative organ, people's court, people's court, or other relevant units. The relevant department shall, within 30 days after receiving the complaint, ascertain the facts, make a handling decision, and notify the complainant in writing of the handling result; however, for complaints involving failure to arrange a meeting in a timely manner, the relevant department shall reply within 7 days after receiving the complaint.
Article 19: If a lawyer or law firm violates the "Law of the People's Republic of China on Lawyers" or other laws, regulations, or these provisions during their practice, relevant entities may report the matter to the municipal judicial administrative authority. Upon receiving such a report, the municipal judicial administrative authority shall, within a reasonable period, investigate the facts, take action, and notify the relevant entity in writing of the outcome.
Article 20 These provisions apply to the public security organs, people's courts, judicial bureaus of Shenzhen City and its districts, the municipal state security organs, and the Shenzhen Customs Anti-Smuggling Bureau (including its subordinate anti-smuggling sub-bureaus).
If a lawyer serves as the agent of the plaintiff in a criminal private prosecution case or as the defender of the defendant, these provisions shall be referred to for implementation.
Article 21 These provisions shall come into effect from the date of issuance.
Intermediate People's Court of Shenzhen City
Shenzhen People's Court
Shenzhen Court
Shenzhen National Security Bureau
Shenzhen Customs Anti-Smuggling Bureau
Shenzhen Judicial Bureau
May 10, 2006
