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 retained lawyer requesting to meet with a detained criminal suspect does not require approval if state secrets are not involved. When a lawyer requests a meeting, the investigative authority shall, within 48 hours of receiving the lawyer's written request, issue a meeting notice to arrange the meeting; for major and complex joint crime cases, the investigative authority shall issue a meeting notice within 5 days to arrange the meeting.
If state secrets are involved, the investigative authority shall decide whether to approve or disapprove within 5 days of the lawyer's application, and issue a "Decision to Approve Meeting with Detained Criminal Suspect" or "Decision to Disapprove Meeting with Detained Criminal Suspect" to the lawyer.
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 license;
(3) Special certificate for meeting with criminal suspects issued by the law firm;
(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.
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 has committed or participated in the alleged crime;
(3) The statements of the criminal suspect or defendant regarding the facts and circumstances of the case;
(4) The defenses of the criminal suspect or defendant regarding their innocence or lesser culpability;
(5) Whether the legal procedures for the compulsory measures taken are complete and whether the procedures are lawful;
(6) Whether their personal rights and litigation rights have been violated after the compulsory measures were taken;
(7) Presenting 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 detained criminal suspects or defendants shall always take place within the detention facility. The detention facility shall not interfere with the meetings and conversations between lawyers and suspects or defendants during working hours at the facility; necessary security measures shall be limited to not causing concerns for the suspect or defendant and not hindering normal communication between the lawyer and the suspect or defendant; after the meeting ends, the detention facility shall not inquire about the content of the conversation between the 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: When a lawyer applies for bail pending trial for a detained criminal suspect or defendant, the case-handling authority shall issue a written response on whether to approve within 7 days of receiving the application and deliver it to 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 authority decides not to prosecute a case, it shall serve a copy of the decision not to prosecute to the entrusted lawyer within two days after announcing the decision.
Article 11: When a court of first instance announces a judgment or ruling, it shall notify the lawyer to attend. If the judgment or ruling is announced in court, the judgment or ruling document shall be served to the lawyer within five days. If the judgment or ruling is announced at a scheduled session, the lawyer shall be notified in writing or orally to attend the announcement before the session, and the judgment or ruling document shall be served to the lawyer immediately after the announcement.
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.
When a lawyer applies to the People's Court or the People's Procuratorate to collect evidence from the victim or witnesses provided by the victim's close relatives, the People's Court or the People's Procuratorate shall decide whether to grant permission within seven 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 investigative authority shall, within 7 days from the date of receiving the above materials forwarded by the lawyer, notify the lawyer in writing of the handling status.
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 the compulsory measures taken against a criminal suspect or defendant exceed the statutory time limit, the lawyer has the right to apply to the case-handling authority for the removal or modification of the compulsory measures taken against the criminal suspect or defendant. The case-handling authority shall, within seven days of receiving the lawyer's written application, provide a written response indicating whether the application is approved.
Article 18: If investigative organs, people's courts, people's procuratorates, or other relevant departments and their staff violate the law or these provisions, infringing upon lawyers' practice rights, lawyers may report the matter to the municipal judicial administrative organs or the municipal bar association, or may directly file a complaint with the disciplinary inspection departments of the investigative organs, people's courts, people's procuratorates, or other relevant units. The relevant department shall investigate the facts within 30 days of receiving the complaint, take action, and notify the complainant in writing of the outcome. However, for complaints involving the failure to arrange meetings in a timely manner, the relevant department shall respond within 7 days of 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
