• Document Number：No. 51 [2017] of the All-China Lawyers' Association
• Area of Law： Lawyers
• Level of Authority： Industry Regulations
• Date issued：09-20-2017
• Effective Date：08-27-2017
• Status： Effective
• Issuing Authority： All-China Lawyer's Association

Notice of the All-China Lawyers' Association on Issuing the Rules on the Handling of Criminal Cases by Lawyers
(No. 51 [2017] of the All-China Lawyers' Association)
The lawyers associations of all provinces, autonomous regions and municipalities directly under the Central Government; and the Lawyers Association of the Xinjiang Production and Construction Corps:
The Rules on the Handling of Criminal Cases by Lawyers, as deliberated and adopted at the 8th meeting of the Ninth Executive Council of the All-China Lawyers' Association on August 27, 2017, are hereby issued for your diligent implementation.
All-China Lawyers' Association
September 20, 2017
Rules on the Handling of Criminal Cases by Lawyers
(Deliberated and adopted at the 8th meeting of the Ninth Executive Council of the All-China Lawyers' Association on August 27, 2017)
Catalogue
Chapter I General Provisions
Section 1 General Principles
Section 2 Case Acceptance and Case Closing
Section 3 Meeting and Correspondence
Section 4 Consultation, Excerption and Copying of Case Materials
Section 5 Investigation and Obtaining Evidence
Section 6 Application for Modification and Removal of Compulsory Measures
Chapter II Defense Work during the Investigation Period
Chapter III Defense Work during the Examination for Prosecution
Chapter IV Defense Work in Public Prosecution Cases of First Instance
Section 1 Pre-trial Preparation
Section 2 Participating in Court Investigation
Section 3 Participating in Court Debate
Section 4 Work after the Court Session
Chapter V Defense Work in Public Prosecution Cases of Second Instance
Chapter VI Representation in Litigation of Public Prosecution Cases
Chapter VII Representation and Defense Work in Cases of Private Prosecution
Section 1 Representation Work in Cases of Private Prosecution
Section 2 Defense Work in Cases of Private Prosecution
Chapter VIII Representation Work in Civil Actions Incidental to Criminal Proceedings
Section 1 Representation Work for Plaintiffs in Civil Actions Incidental to Criminal Proceedings
Section 2 Representation Work for Defendants in Civil Actions Incidental to Criminal Proceedings
Chapter IX Defense Work in Summary Procedures
Chapter X Defense Work in the System for Imposing Lenient Punishments on Those Confessing to Their Crimes and Accepting Punishments
Chapter XI Defense Work in Death Penalty Review Cases
Chapter XII Defense and Representation Work in Cases of Minors
Chapter XIII Defense and Representation Work in Public Prosecution Cases in Which Litigants Reconcile
Chapter XIV Representation Work during the Procedures for Confiscation of Illegal Gains
Chapter XV Representation Work during the Procedures for Compulsory Medical Treatment
Chapter XVI Representation Work in Petition Cases
Chapter XVII Right Relief and Practicing Disciplines
Section 1 Right Relief
Section 2 Practicing Disciplines
Chapter XVIII Supplemental Provisions
Chapter I General Provisions
Section 1 General Principles
Article 1 For the purposes of guaranteeing and directing lawyers' lawful performance of functions in the participation in the activities of criminal proceedings and regulating the handling of criminal cases by lawyers, these Rules are developed in accordance with the Criminal Procedure Law of the People's Republic of China (hereinafter referred to as the “Criminal Procedure Law”), the Lawyers Law of the People's Republic of China (hereinafter referred to as the “Lawyers Law”), and relevant laws, judicial interpretations and departmental rules, and in consideration of the practical experience in the handling of criminal cases by lawyers.
Article 2 Lawyers participating in criminal proceedings shall insist on the principles of protecting the lawful rights and interests of litigants, ensuring the correct implementation of laws, and maintaining social fairness and justice, be loyal to their duties, and be diligent.
Article 3 Lawyers participating in criminal proceedings shall perform the defense and representation functions according to the law, and their personal rights and practicing rights shall not be infringed upon.
The defense or representation opinions presented in court by a lawyer participating in criminal proceedings shall not be subject to legal prosecution, however, except speeches compromising the national security, maliciously defaming others or seriously disrupting the court order.
Article 4 When participating in criminal proceedings, a lawyer shall observe the laws and regulations, and adhere to the professional ethics and practicing disciplines of lawyers.
Article 5 A lawyer serving as a defender shall independently perform his or her defense duties according to the law.
The responsibility of a lawyer is to present materials and opinions proving that a criminal suspect or defendant is innocent or is less guilty than charged or his or her criminal liability should be mitigated or relieved, on the basis of fact and law, so as to protect the procedural rights and other lawful rights and interests of the criminal suspect or defendant.
In defense activities, a lawyer shall respect the opinions of the litigants on the basis of law and fact, carry out work according to the principle of being conducive to the litigants, and shall not present any defense opinions inconducive to the litigants and contrary to the free will of the litigants.
Article 6 A defense lawyer shall have the right to keep confidential the relevant information on his or her client know in the law practicing activities from any entity and individual, however, except the facts and information on a crime compromising national security or public security or seriously endangering the personal safety of others, which a client or other person prepares to commit or is committing.
Article 7 A lawyer participating in criminal proceedings shall not help a criminal suspect or defendant conceal, destroy, or forge evidence or make a false confession in collusion, intimidate or induce a witness into committing perjury, or otherwise interfere with the legal proceedings of the judicial authorities.
Where a case handling authority holds a lawyer criminally liable in violation of the relevant provisions of the Criminal Procedure Law, a lawyer shall have the right to file a petition and accusation with the relevant authority according to the law.
Section 2 Case Acceptance and Case Closing
Article 8 A lawyer participating in criminal proceedings may provide the following services:
(1) He or she may accept representation of a criminal suspect or defendant to serve as the defender. Where a close relative, another relative or friend, or employer of a criminal suspect or defendant retains a defender on behalf the criminal suspect or defendant, it shall be confirmed by the criminal suspect or defendant.
(2) He or she may accept representation of a guardian or close relative of a minor or mental patient that is suspected of committing a crime to serve as the defender.
(3) He or she may accept representation of a victim in a cases of private prosecution, its statutory agent or close relative, accept representation of a private prosecutor in a public prosecution case or its statutory agent, and accept representation of a litigant in a civil action incidental to criminal proceeding or its statutory agent, to serve as the litigation representative.
(4) He or she may accept representation of a litigant in a criminal case, its statutory agent or close relative, and accept representation of a party who is not a party to a case and who has been ruled by a judgment or ruling to have infringed upon the lawful rights and interests, to serve as the lawyer in a petition case.
(5) He or she may accept representation of a person who is not prosecuted, its statutory agent or close relative, to file a petition and accusation on its behalf.
(6) After the public security organ or the people's procuratorate makes a decision of not opening a case, dismissing a case or not initiating a prosecution, he or she may accept representation of a victim, its statutory agent or close relative, to apply for reconsideration or initiate a prosecution on a commissioned basis.
(7) During the procedures for confiscation of illegal gains, he or she may accept representation of a criminal suspect, defendant, or its close relative or another interested party, to serve as the litigation representative.
(8) During the procedures for compulsory medical treatment, he or she may accept representation of a respondent or defendant, to serve as the litigation representative; and during the procedures of reconsideration, he or she may accept representation of a person subject to compulsory medical treatment, a victim, its statutory agent or close relative, to serve as the litigation representative.
(9) Other relevant services in criminal proceedings.
Article 9 Where a lawyer accepts representation, the law firm shall undergo the following formalities:
(1) The law firm shall enter into the Representation Agreement with the client.
(2) The client shall sign the power of attorney.
(3) The law firm shall issue the relevant litigation documents required for handling a case.
For the aforesaid formalities, the law firm shall keep the original documents or copies for future reference.
Article 10 Where a lawyer accepts representation to handle a criminal case, the law firm may undergo the formalities of representation respectively at the criminal investigation, examination for prosecution, trial of first instance, trial on appeal, death penalty review, petition, retrial and other litigation phases, or undergo the formalities at one time.
Article 11 After accepting representation or designation, a lawyer shall contact the case handling authority in a timely manner, produce the lawyer's practicing certificate, and submit the power of attorney and the certificate issued by the law firm, or an official legal aid document
Article 12 A lawyer handling a criminal case shall not refuse to defend or represent any client without justified reason. However, if the authorized matter violates the law, the client makes use of the services provided by the lawyer to engage in illegal activities or deliberately conceals a material fact related to the case, the lawyer shall have right to refuse to defend or represent the client.
A lawyer that strongly disagrees with the litigant or the client on the defense or representation plan and can not reach an agreement may terminate the representation relationship with the client on behalf of the law firm.
After the termination of the representation relationship, the lawyer shall notify the case handling authority in a timely manner.
Article 13 A same lawyer shall not defend two or more criminal suspects or defendants in the same case, nor defend two or more criminal suspects or defendants who are not handled in the same case but whose crimes suspected are associated.
A same law firm that accepts representation of two or more criminal suspects or defendants in a same case and respectively designates different lawyers as defenders shall notify the clients thereof and obtain the consent of the clients.
Article 14 A lawyer handling a criminal case may, jointly with a lawyer in another place, assist in the investigation, collection of evidence and meeting, and may, with consent of the litigant, undergo formalities of authorization for the assisting lawyer.
Where a litigant changes the lawyer in investigation, examination for prosecution, original trial, trial on appeal, death penalty review, petition or retrial case, the lawyer before the change may provide convenience in case introduction, case file materials and evidentiary materials for the lawyer after the change.
Article 15 A defense lawyer may take an assistant lawyer to assist in the meeting, take the assistant lawyer to assist in the consultation of the case files as required for case handling, and apply to the people's court for taking the assistant lawyer to participate in the court session.
Article 16 After a criminal case handled by a lawyer is closed, the lawyer shall prepare a summary of case handling which shall be archived with the defense statements or representation statements, process and case file materials excerpted and copied, among others.
Article 17 Where the representation relationship is terminated in advance, a lawyer shall state the reasons in the summary of case handling, annex the relevant formalities, and review case files for archiving.
Section 3 Meeting and Correspondence
Article 18 To meet a criminal suspect or defendant in custody, the lawyer shall produce the lawyer's practicing certificate, power of attorney and certificate issued by the law firm or official legal aid document to the jail.
A defense lawyer may meet criminal suspects and defendants under residential confinement and on bail pending trial.
An assistant lawyer attending a meeting in accompany with a defense lawyer shall produce the certificate issued by the law firm and the lawyer's practicing certificate or the intern certificate of the person applying for the practice of law.
Article 19 Where a defense lawyer handles a criminal case endangering national security, a criminal case of terrorist activities, or an extraordinarily significant bribery case and the criminal suspect is in custody or under residential confinement, the defense lawyer shall file an application with the investigation authority for meeting in the investigation phase, and if necessary, the application shall be filed in writing. Where the investigation authority does not allow meeting, the defense lawyer may request the investigation authority to issue a written decision and state the reasons.
Article 20 A defense lawyer that needs an interpreter to assist in meeting the criminal suspect or defendant may take an interpreter permitted by the case handling authority to attend the meeting. The interpreter shall, upon strength of the written permission decision of the case handling authority and his or her identification, attend meeting in accompany with the defense lawyer.
Article 21 When meeting a criminal suspect or defendant, a defense lawyer shall prepare for a meeting outline in advance, carefully listen to the statements and defense of the criminal suspect or defendant, and find out and verify the contradictions and doubts in the case facts and evidence.
Article 22 When meeting a criminal suspect or defendant, a defense lawyer shall focus on the following information:
(1) The personal information and other basic information on the criminal suspect or defendant.
(2) Whether the criminal suspect or defendant has committed or participated in the alleged crime.
(3) Whether the criminal suspect or defendant has any objection to the facts investigated and the crime charged by the investigation authority, and whether the criminal suspect or defendant has any objection to the suspected or charged facts and crime as determined in the written prosecution opinion and indictment.
(4) Defense on innocence of the criminal suspect or defendant or the pettiness of a crime.
(5) Whether the criminal suspect or defendant has voluntary surrender, meritorious act, returning illicit property, compensation and other sentencing circumstances for lighter punishment, mitigated punishment, and exemption of punishment.
(6) Whether the criminal suspect or defendant has preparation, discontinuance, or abortion of a crime, or any other criminal form.
(7) Whether docketing and jurisdiction comply with the provisions of the law.
(8) Whether the legal formalities for taking compulsory measures are complete and the procedures are lawful.
(9) Whether there are extortion of confession by torture and other circumstances of illegal evidence collection, and other circumstances infringing upon the personal rights and procedural rights.
(10) The information that the property of the criminal suspect or defendant and its relatives is seized, detained or frozen.
(11) Whether the confession and defense collected by the investigation authority are consistent with the statements made in meeting between the lawyer and the criminal suspect, whether there is any change and the reasons for the change.
(12) Other information on the case required to be understood.
Article 23 When meeting a criminal suspect or defendant, a defense lawyer shall introduce the criminal proceeding procedures to the criminal suspect or defendant; notify the criminal suspect or defendant of the rights and obligations in the criminal proceeding procedures; and notify the criminal suspect or defendant of the methods of exercising rights and the possible consequences for waive of rights and violation of statutory obligations.
Article 24 When meeting a criminal suspect or defendant, a defense lawyer shall communicate with the criminal suspect or defendant on the defense plan and defense opinions at the corresponding phases.
Article 25 From the date when a case is transferred for examination for prosecution, a defense lawyer may verify the relevant evidence with the criminal suspect or defendant.
Article 26 When meeting a criminal suspect or defendant in custody, a defense lawyer shall comply with the relevant provisions issued by the jail according to the law. Without permission, a defense lawyer shall not directly transmit any drug, property, food, or any other item to the criminal suspect or defendant, provide any communication tool for the criminal suspect or defendant, or take any relative or friend of a criminal suspect or defendant to meet the criminal suspect or defendant.
A defense lawyer may accept the written materials concerning defense submitted by a criminal suspect or defendant, and may also provide written materials concerning defense for a criminal suspect or defendant.
Article 27 A defense lawyer shall, after the end of meeting, notify the supervisor of the jail or the supervisor of implementing residential surveillance in a timely manner.
Article 28 A transcript of meeting prepared by a defense lawyer when meeting a criminal suspect or defendant shall be signed by the criminal suspect or defendant.
Article 29 A defense lawyer may, according to the circumstances of a case, rationally determine the time and times of meeting a criminal suspect or defendant.
Article 30 A defense lawyer may, according to the needs of handling a case, communicate with the criminal suspect or defendant in custody. The correspondence between a defense lawyer and a criminal suspect or defendant shall indicate the identity and correspondence address of the lawyers.
When communicating with a criminal suspect or defendant in custody, a defense lawyer shall keep the duplicate of the correspondence and original letter of the criminal suspect or defendant, and attach them to the case file for future reference.
Article 31 Meeting and communication between a defense lawyer and a criminal suspect or defendant under residential confinement shall be governed by the relevant provisions of this section.
Section 4 Consultation, Excerption and Copying of Case Materials
Article 32 From the date of the transfer of a case for examination for prosecution, a defense lawyer or representing lawyer shall contact the people's procuratorate and the people's court in a timely manner, and handle consultation, excerption and copying of case materials and other matters.
Article 33 The case file materials include the process and evidentiary materials of a case. Where real-time audio and video recordings shall be made for the interrogation process according to the provisions of the relevant law, a defense lawyer or representing lawyer may, according to the needs of a case, request consultation and copying according to the law.
Article 34 The case materials may be copied by duplicating, photographing, scanning, copying of electronic data and other means. The accuracy and completeness shall be guaranteed at the time of excerption and copying.
Article 35 The following case materials shall be consulted and copied by a defense lawyer or representing lawyer in a timely manner:
(1) the evidentiary materials of further investigation by the investigation authority or procuratorial authority;
(2) the evidentiary materials on the innocence of the criminal suspect or defendant or the pettiness of a crime that have been collected during the period of investigation and examination for prosecution obtained by the people's procuratorate and the people's court from the investigation authority and the public prosecution authority according to the application of the criminal suspect, defendant or defense lawyer; and
(3) the evidentiary materials not submitted by the procuratorial authority and the materials on surrender, confession, meritorious acts and other sentencing circumstances concerning the defendant obtained by the people's court according to the application of the defendant or defense lawyer.
Article 36 A defense lawyer shall carefully study all the case files and prepare a transcript on consultation of the case files or excerption of the case files according to the needs of the case. A defense lawyer shall focus on the following matters when consulting the case files:
(1) the personal information and other basic information on the criminal suspect or defendant;
(2) the time, place, motive, purpose, means and consequences of the crime that the criminal suspect or defendant is deemed to be suspect of or is charged, and other statutory and discretionary circumstances that may affect the conviction and sentencing of the criminal suspect or defendant;
(3) the facts and materials on the innocence of the criminal suspect or defendant or the pettiness of a crime;
(4) the identity, competence or qualification and other relevant information on the witness, authentication expert, and person preparing the transcript on investigation and inspection;
(5) the personal information and other basic information on the victim;
(6) whether the legal formalities and process during the process of investigation and examination for prosecution are lawful and complete;
(7) the source of the authentication materials, authentication opinions and reasons, and whether the authentication institution has the authentication qualification, etc.;
(8) the relevant information on the criminal suspects or defendants in a same case;
(9) the authenticity, legitimacy and relevance of the evidence, and the contradictions and doubtful points of the evidence;
(10) whether the evidence may prove the fact of the suspected or charged crime as determined in the written prosecution opinion and written indictment;
(11) whether evidence is illegally obtained;
(12) whether the legal representative or appropriate adult is present at the time of interrogation in a criminal case involving minors;
(13) the information on seizure, detainment, freezing and transfer of the property in dispute; and
(14) other information relevant to the case.
Article 37 The case materials obtained by a lawyer participating in criminal proceedings shall not be provided for any relative or friend of the criminal suspect or defendant, or be disclosed to the media or the public without permission.
Where the case materials to be consulted, exerpted and copied by a defense lawyer are state secrets, the consent of the people's procuratorate and the people's court shall be obtained and the provisions on confidentiality issued by the state shall be complied with. No lawyer shall, in violation of the provisions, disclose or disseminate any important case information or file materials, or use them for purposes other than defense and representation for the case.
Section 5 Investigation and Obtaining Evidence
Article 38 A defense lawyer may, with the consent of the witness or other relevant entities and individuals, collect evidentiary materials relevant to the case from them; and a dissenting person under investigation may apply to the people's procuratorate or the people's court for collection and consultation of relevant evidence or apply to the people's court for notifying the witness to testify in court.
With the approval of the people's procuratorate or the people's court, and with the consent of the victim or his or her close relative and the witnesses provided by the victim, the defense lawyer may collect evidentiary materials relevant to the case from them.
Article 39 A defense lawyer that investigates a case, conducts investigation and obtains evidence, and verifies evidence from a witness having testified in the investigation authority or procuratorial authority according to the case needs shall generally apply to the people's court for notifying the witness of appearing in court and inquire the witness in court. If a witness is unable to testify in court, a defense lawyer shall, when directly conducting investigation of and obtaining evidence from the witness, strictly comply with the law, may also make audio and video recordings of the evidence obtaining process, and may also consult the testimony written by the witness.
Article 40 A defense lawyer conducting investigation or collecting evidences relevant to a case shall hold a certificate issued by the law firm, produce a lawyer's practicing certificate, and usually be accompanied by another person.
Article 41 When conducting investigation or collecting evidentiary materials, a defense lawyer may invite a person irrelevant to the case to witness according to the case needs, to ensure the authenticity of the evidentiary materials.
Article 42 A defense lawyer investigating a witness shall prepare an investigation transcript. An investigation transcript shall specify the investigator, the person under investigation, the name of the recorder, the time and place of investigation, the identification of the person under investigation, the requirement of truthfully providing testimony by a witness, notes on assuming legal liability for perjury or concealing criminal evidence, the matters under investigation, etc.
Article 43 An investigation transcript prepared by a defense lawyer shall objectively and accurately record the investigation contents and be verified by theperson under investigation. A person under investigation making amendment or supplement shall affix signature and seal and make a fingerprint to the place of amendment. After an investigation transcript is checked by the person under investigation, the person under investigation shall affix signatures thereto page by page and sign the opinions that the record is correct on the last page.
Article 44 When preparing an investigation transcript, a defense lawyer shall not mislead or induce any witness. No transcript shall be written in advance; no transcript of any criminal suspect, defendant, or any other witness shall be announced to any witness in advance; no testimony shall be written on behalf of any witness; no alteration or addition of any transcript shall be allowed; investigation of and obtaining evidence from different witnesses shall be carried out separately; and no relative or friend of any criminal suspect or defendant shall be present at the time of investigation and obtaining evidence.
Article 45 When collecting physical evidence, documentary evidence and audio-visual materials, a defense lawyer shall obtain the originals as far as possible; and may copy, photograph or videotape them, and record the places where the originals are deposited and the holders of the originals, where the originals are unable to be obtained.
Article 46 A defense lawyer may apply to the people's procuratorate or the people's court for collection and obtaining of the electronic evidence relevant to the case.
A defense lawyer may collect and fix email, electronic data interchange, online chatting records, blog, micro-blog, WeChat, SMS, electronic signatures, domains and other electronic data by copying, printing, screenshot, photographing, videotaping and other means, record the time, place, storage location of original storage media, sources of electronic data, holders and other information on copying, printing, screenshot, photographing and videotaping, and entrust an notary institution to notarize the aforesaid process if necessary.
The original storage media shall be collected as far as possible for electronic data in the storage media. Electronic data in cyberspace may be obtained from the authority or be fixed by notarization.
Article 47 When investigating or collecting the evidentiary materials, a defense lawyer may make audio and video recordings.
Article 48 Where a defense lawyer believes that any evidence collected by the public security authority or people's procuratorate during the period of criminal investigation or examination for prosecution regarding the innocence of a criminal suspect or defendant or the pettiness of a crime has not been submitted, the defense lawyer shall have the right to apply to the people's procuratorate or people's court in writing for taking such evidence.
Article 49 When the people's procuratorate or the people's court collects evidence according to the application, the defense lawyer may be present.
Article 50 A defense lawyer shall inform the case handling authority in a timely manner of the evidence collected regarding a criminal suspect or defendant's alibi or the fact that the criminal suspect or defendant has not attained the age for criminal liability or is a mental patient exempted from criminal liability. A defense lawyer may request the case handling authority that collects evidence to issue a receipt.
Section 6 Application for Modification and Removal of Compulsory Measures
Article 51 A defense lawyer believing that a criminal suspect or defendant in custody meets the following conditions for bail shall apply for bail therefor:
(1) The criminal suspect or defendant may be sentenced to supervision without incarceration, limited incarceration, or an accessory penalty only.
(2) The criminal suspect or defendant may be sentenced to fixed-term imprisonment or a heavier penalty but will not cause danger to the society if granted bail.
(3) The criminal suspect or defendant suffers a serious illness, or cannot take care of himself or herself, and will not cause danger to the society if granted bail.
(4) The criminal suspect or defendant is a pregnant woman or a woman who is breastfeeding her own baby, and will not cause danger to the society if granted bail.
(5) The term of custody of the criminal suspect or defendant has expired but the case has not been closed, and a bail is necessary.
Article 52 Where a criminal suspect or defendant meets the arrest conditions, but meets one of the following conditions, a defense lawyer may apply for residential surveillance for the criminal suspect or defendant:
(1) The criminal suspect or defendant suffers a serious illness or cannot take care of himself or herself.
(2) The criminal suspect or defendant is a pregnant woman or a woman who is breastfeeding her own baby.
(3) The criminal suspect or defendant is the sole supporter of a person who cannot take care of himself or herself.
(4) Considering the special circumstances of the case or as needed for handling the case, residential confinement is more appropriate.
(5) The term of custody has expired but the case has not been closed, and residential confinement is necessary.
Article 53 Where a criminal suspect or defendant meets the conditions for bail but is neither able to provide a surety nor able to pay a bond, the defense lawyer may apply for residential surveillance for him or her.
Article 54 Where a case in which the criminal suspect or defendant is in custody is not closed by the case handling authority within the term of custody as prescribed in the Criminal Procedure Law, the defense lawyer may request release of the criminal suspect or defendant, or request change in the compulsory measure.
Where a case in which the criminal suspect or defendant is granted bail or subject to residential surveillance is not closed by the case handling authority within the term of compulsory measure as prescribed in the Criminal Procedure Law, the defense lawyer may request release of the criminal suspect or defendant, or request termination of the compulsory measure.
Article 55 Where a criminal suspect is subject to residential confinement at the designated residence during the period of investigation on suspicion of committing a crime of endangering national security, a crime of terrorist activities, or a crime of especially serious bribery, after the the circumstance that affects investigation disappears, the defense lawyer may apply for residential confinement at the residence or bail for the criminal suspect.
Article 56 Where a criminal suspect or defendant, and his or her legal representative or near relatives request the defense lawyer to apply for modification and termination of the compulsory measure or release of the criminal suspect or defendant and the defense lawyer believe that the conditions are met, the defense lawyer may file an application on his or her own or assist them in filing an application with the case handling authority.
Article 57 A defense lawyer applying in writing to a case handling authority for modification or termination of the compulsory measure or release of a criminal suspect or defendant shall specify the name of the law firm, the name of the lawyer, the correspondence address and contact information, the name of the criminal suspect or defendant, the facts and grounds for application, ways of surety, etc.
A defense lawyer is inappropriate to serve as the surety of any criminal suspect or defendant.
Article 58 A defense lawyer applying for modification or termination of the compulsory measure or release of a criminal suspect or defendant may request the case handling authority to issue a reply of approval or disapproval within 3 days. Where a reply of disapproval is issued, the defense lawyer may request the authority to explain the reasons for disapproval.
Article 59 After a criminal suspect is arrested, the criminal suspect may request the procuratorial authority to conduct examination on the necessity of custody.
Chapter II Defense Work during the Investigation Period
Article 60 During the investigation period, after accepting representation, a lawyer may, from the day when the criminal suspect is interrogated for the first time or from the day when a compulsory measure is taken against the criminal suspect, learn the relevant case information from the investigation authority, including the charges against the criminal suspect, the main facts that have been ascertained, the compulsory measures taken against, and modified and terminated for the criminal suspect, extension of the investigation and custody period, etc.
Article 61 A defense lawyer providing legal consulting for a criminal suspect shall notify the criminal suspect of the basic procedural rights, mainly including the following contents:
(1) A criminal suspect has the right not to be forced to commit self-incrimination.
(2) A criminal suspect has the right to file petition and accusation for the case handling authority's infringement acts or violations of procedural law.
(3) A criminal suspect has the right to apply for the disqualification of the investigator.
(4) A criminal suspect has the right to know the expert opinions and raise objections.
(5) A criminal suspect has the right to raise an objection against the jurisdiction of a criminal case.
(6) The rights concerning criminal reconciliation.
Article 62 A defense lawyer shall provide the criminal suspect with legal consulting on compulsory measures, mainly including the following contents:
(1) the types of the compulsory measures;
(2) the legal provisions on the conditions and applicable procedures of the compulsory measures;
(3) the legal provisions on the duration of the compulsory measures; and
(4) the rights and conditions of applying for changes in the compulsory measures.
Article 63 A defense lawyer shall provide the criminal suspect with legal consulting on interrogation by the investigation authority, mainly including the following contents:
(1) A criminal suspect has the obligation to truthfully answer the interrogation of the investigators, and has the right to refuse to answer questions irrelevant to a case.
(2) A criminal suspect has the right to check, supplement and correct the transcript of interrogation made by the investigators, and has the obligation to affix signature to the transcript of interrogation after confirming that the transcript of interrogation is free of errors.
(3) A criminal suspect has the right to request permission for personal writing of confession and defense.
(4) A criminal suspect has the right to be rendered a lenient sentence if the criminal suspect truthfully confesses his or her crime.
Article 64 A defense lawyer shall provide the criminal suspect with legal consulting on elements of a crime and evidence, mainly including the following contents:
(1) the relevant provisions of the Criminal Law and relevant judicial interpretations on the charges against the criminal suspect;
(2) the relevant provisions of the Criminal Law and relevant judicial interpretations on severer, lighter, or mitigated punishment and exemption from punishment;
(3) the relevant provisions on the burden of proof in criminal cases;
(4) the relevant provisions on the meaning, type, collection and use of evidence; and
(5) the relevant provisions on the exclusion of illegally collected evidence.
Article 65 During the period of investigation, when collecting the evidentiary materials regarding a criminal suspect's alibi or the fact that the criminal suspect or defendant has not attained the age for criminal liability or is a mental patient exempted from criminal liability, a defense lawyer shall submit the defense opinions on innocence or not being subject to criminal liability to the investigation authority, and concurrently request the investigation authority to release the criminal suspect or change the compulsory measures against him or her.
Article 66 During the investigation period of a case and prior to the termination of investigation, a defense lawyer that submits the defense opinions on the substantive and procedural issues to the investigation authority may submit opinions verbally or in writing.
For illegally collected evidence, a defense lawyer may submit the opinions of exclusion.
Article 67 A defense lawyer shall examine the legality of the case jurisdiction and file an objection with the investigation authority in writing, when finding that the jurisdiction of the investigation authority violates the law.
Article 68 During the process of examination and approval of arrest, a defense lawyer believing that the criminal suspect falls under the following circumstances may submit the opinions of disapproving arrest or not arresting to the procuratorial authority:
(1) The criminal suspect does not constitute a crime.
(2) The criminal suspect may be sentenced to fixed-term imprisonment of one year or a lighter punishment.
(3) The criminal suspect will not cause danger to the society.
(4) The criminal suspect is not suitable for custody.
Article 69 Where an investigation authority and its staff members have the following acts, a defense lawyer may file petition or accusation with the authority:
(1) Upon expiry of the statutory time limit for compulsory measures, the investigation authority and its staff members do not terminate or change the compulsory measures or release the criminal suspect.
(2) The investigation authority and its staff members do not refund the bail bond that shall be refunded.
(3) The investigation authority and its staff members seize, impound, or freeze any property irrelevant to a case.
(4) The investigation authority and its staff members refuse to terminate a measure of seizing, impounding, or freezing property that shall be terminated.
(5) The investigation authority and its staff members embezzle, misappropriate, distribute in private, replace, or illegally use any seized, impounded, or frozen property.
A defense lawyer may request the investigation authority that accepts a petition or accusation to handle it in a timely manner, and may file a petition with the people's procuratorate at the same level, where the people's procuratorate fails to handle it in a timely manner or the defense lawyer refuses to accept the handling result; and may file a petition with the people's procuratorate at the next higher level, for a case directly accepted by the people's procuratorate.
Chapter III Defense Work during the Examination for Prosecution
Article 70 During the period of examination for prosecution, a defense lawyer shall consult, exerpt and copy the case file materials in a timely manner, and meet the criminal suspect to verify evidence according to the case information.
Article 71 Failing to meet a criminal suspect during the investigation period, a defense lawyer shall meet the criminal suspect and provide consultation during the period of examination for prosecution according to the provisions from Articles 61 to 64 of these Rules.
Article 72 During the period of examination for prosecution, a defense lawyer may submit verbal or written defense opinions to the procuratorial authority from the procedural, substantive and other respects.
For evidence collected by illegal means, a defense lawyer shall submit the opinions on the exclusion of evidence to the procuratorial authority.
Article 73 During the period of examination for prosecution, when collecting the evidentiary materials regarding a criminal suspect's alibi or the fact that the criminal suspect or defendant has not attained the age for criminal liability or is a mental patient exempted from criminal liability, a defense lawyer shall submit the defense opinions on innocence or not being subject to criminal liability to the procuratorial authority, and concurrently request the procuratorial authority to release the criminal suspect or change the compulsory measures against him or her.
Article 74 During the period of examination for prosecution, a defense lawyer believing that the criminal suspect has no facts of a crime or falling under one of the circumstances as set forth in Article 15 of the Criminal Procedure Law shall submit the opinions of not initiating a public prosecution to the procuratorial authority.
Article 75 During the period of examination for prosecution, a defense lawyer believing that the circumstances of a criminal suspect's crime is minor and no criminal punishment is necessary or the criminal suspect is exempted from criminal punishment in accordance with the Criminal Law shall submit the opinions of not initiating a public prosecution to the procuratorial authority.
Article 76 During the period of examination for prosecution, a defense lawyer believing that evidence is insufficient and the conditions for a public prosecution are not met for a case for which supplementary investigation has been conducted once or twice shall submit the opinions of not initiating a public prosecution to the procuratorial authority.
Chapter IV Defense Work in Public Prosecution Cases of First Instance
Section 1 Pre-trial Preparation
Article 77 Before court session is held, a defense lawyer shall study the evidentiary materials, relevant laws and precedents, be familiar with the professional knowledge involved in the case, develop a defense plan, and prepare for an questioning outline, cross-examination outline, proof outline and defense outline, among others.
Article 78 Where the people's court convenes a pretrial conference, the defense lawyer may submit opinions or file an application on the following matters:
(1) objection on case jurisdiction;
(2) applying for disqualification;
(3) applying for taking evidence;
(4) whether the summary procedures are applicable;
(5) whether or not to hear a case in camera;
(6) opening time of the court session;
(7) applying for notifying witnesses of testifying in court;
(8) applying for authentication experts to testify in court;
(9) applying for personnel with specialized knowledge to appear in court;
(10) whether to extend the time limit for trial;
(11) applying for viewing the real-time audio and video recordings of the interrogation process;
(12) applying for exclusion of illegally collected evidence;
(13) negotiation on the method of evidence production and cross-examination;
(14) participating in the mediation for an incidental civil action; and
(15) other matters relevant to trial.
Article 79 Where the people's court does not hold a pretrial conference, a defense lawyer believing that there are aforesaid relevant causes may apply to the people's court for convening a pretrial conference.
Article 80 Where the people's court does not notify a defendant of attending a pretrial conference, but the contents and decisions of the pretrial conference affect the defendant's exercising of the procedural right, the defense lawyer shall apply to the people's court for notifying the defendant of attending the pretrial conference.
Where the defendant fails to attend a pretrial conference, the defense lawyer shall not express opinions on the substantive, evidential or procedural issues on behalf of the defendant without special authorization.
A defense lawyer shall attend a pretrial conference in strict accordance with the relevant provisions of the Criminal Procedure Law on pretrial conference and shall not issue opinions on the issues to be resolved in court session according to the law.
Article 81 To apply to the people's court for notifying witnesses, authentication experts, personnel with specialized knowledge and other persons of appearing in court, a defense lawyer shall develop a list of the aforesaid personnel, indicate their identity, addresses, communication methods, etc., and specify the purpose of appearing in court.
Article 82 For the evidence that a defense lawyer intends to pronounce, produce and play in court, the defense lawyer may develop a list and specify the facts to be proved, and submit it to the people's court before a court session is held.
Article 83 A defense lawyer shall, after receiving a notice of appearance, appear in court on time, and shall make a presentation to the people's court if he or she is unable to appear in court for the following justified reasons and specify the reasons, and apply for adjusting the date of court session:
(1) A defense lawyer receives two or more notice of appearances, and can only attend one of them on time.
(2) New evidence and clues are found before the court session is held and further investigation and evidence obtaining is required or personnel with specialized knowledge and witnesses intending to appear in court cannot appear in court for excuses.
(3) A defense lawyer cannot appear in court on time for other justified reasons.
A defense lawyer that applies for adjusting the date of court session, does not obtain permission, and is unable to appear in court by no means shall consult with the client and appropriately handle it.
Article 84 A defense lawyer receiving a notice of appearance less than three days prior to the opening time of the court session may suggest that the people's court should change the opening date of the court session.
Article 85 A defense lawyer shall have the right to know about the public prosecutor, members of the collegial bench, clerk, authentication expert and interpreter, among others, and assist the defendant in determining whether there are any grounds for the application for disqualification and whether or not to file an application for disqualification.
Section 2 Participating in Court Investigation
Article 86 A defense lawyer participating in the trial of a case with more than two defendants shall be seated in order of the defendants accused in the written indictment.
Article 87 Where the members of the collegial bench, clerk, public prosecutor, authentication expert and interpreter fall under the following statutory circumstances of disqualification, after the presiding judge announces the defendant's procedural rights, a defense lawyer may, in light of the reality, propose and specify the grounds.
Article 88 Where the court makes mistakes in the verification of the defendant's age, identity, having or having not criminal records and other information, and may affect the trial of the case, the lawyer shall carefully keep records and conduct clarification when conducting court investigation.
Article 89 After the public prosecutor, victim and his or her representing lawyer question the defendant, the defense lawyer may, with the permission of the presiding judge, have the right to question the defendant.
Article 90 During the process of court investigation, with the permission of the presiding judge, the defense lawyer shall have the right to question the witnesses, authentication experts, victims, and personnel with specialized knowledge.
Article 91 Where the public prosecutor, another defender, litigation representative and judge question by threatening, inducing or other illicit means, or raise questions that are irrelevant to this case and harm the personal dignity of the defendant, the defense lawyer may raise an objection and apply to the presiding judge for prohibiting the question.
Article 92 A defense lawyer shall question in a precise and specific manner, and focus on questions relevant to the conviction and sentencing.
Article 93 A defense lawyer shall question witnesses, authentication experts and other persons according to the arrangements of the court. The questions shall focus on the conviction and sentencing.
Article 94 Where the public prosecutor raises an objection against a question raised by the defense lawyer, the defense lawyer may refute it. A decision made by the court shall be obeyed by the defense lawyer.
Article 95 A defense lawyer may consult with the public prosecutor and judge on the method of evidence production and cross-examination, and may, in light of the reality, issue cross-examination opinions on a single piece of evidence and issue comprehensive cross-examination opinions on a group of evidence, a type of evidence, or several pieces of evidence for certain fact to be proved.
A defense lawyer shall issue cross-examination opinions on the competency of evidence, probative force, purpose of conviction, standard of conviction, system of conviction, etc. by focusing on the authenticity, legitimacy and relevance of the evidence.
A defense lawyer may debate over the different cross-examination opinions issued by the public prosecutor and other litigation participants.
Article 96 A defense lawyer believing that there may be any circumstance of collecting evidence by illegal means shall apply for exclusion of illegal evidence.
To apply for exclusion of illegally collected evidence, a defense lawyer may file an application before a court session is held; and where relevant clues or materials are found in the court trial, a defense lawyer may file an application in court session.
Where a defendant applies for exclusion of illegally collected evidence, the defense lawyer shall know about the personnel suspected of illegally collecting evidence, time, place, method, contents and other relevant clues or materials from the defendant.
To apply for exclusion of illegally collected evidence, the defense lawyer may apply to the court for notifying the investigators of giving explanation in court, collecting and playing the audio and video recordings of investigative interrogation, and collecting other relevant evidence.
Article 97 Witness testimony shall be cross-examined mainly from the following respects:
(1) the relationship between the witness testimony and the facts to be proved;
(2) whether there is interest between the witness and the parties to a case and the case handling results;
(3) whether the witness testimonies are mutually corroborated and the witness testimony and other evidence are mutually corroborated, and whether there is any contradiction;
(4) whether the contents of the witness testimony are directly perceived by the witness;
(5) the environment, conditions and mental status of the witness when perceiving the facts of the case;
(6) the witness's perceptivity, memory and expressive power;
(7) whether the witness testifies under the interference or influence by the outside world;
(8) the witness's age, and whether the witness has any physical or mental deficiency;
(9) whether the witness testimony is inconsistent;
(10) whether the witness testimony is collected by illegal means such as violence or threat;
(11) whether the procedures and methods for obtaining the witness testimony comply with the law and the relevant provisions;
(12) the reason why the witness cannot testify in court and the impact on the case; and
(13) other circumstances required to be cross-examined.
Article 98 Where a public prosecutor requests a witness not listed in the list of witnesses in the evidentiary materials to testify in court, the defense lawyer shall have the right to request the court to postpone the trial.
Where a litigant, defense lawyer and public prosecutor have objection against a witness testimony and a witness testimony has a significant impact on the conviction and sentencing, the defense lawyer may apply to the court for notifying the witness of testifying in court.
Article 99 The cross-examination over the statement of a victim shall be governed by the relevant provisions on cross-examination over witness testimony.
Article 100 The confession and defense of a defendant shall be cross-examined mainly from the following respects:
(1) Whether the time and place of interrogation, the identity of the interrogator, and other items comply with the laws, judicial interpretations and relevant provisions.
(2) Whether the preparation and modification of transcript of interrogation comply with the laws, judicial interpretations and relevant provisions.
(3) Whether the defendant's confession has been obtained through extortion of confession by torture and by other illegal means.
(4) Whether all confessions and defenses of a defendant have been transferred with the case and whether the confession is consistent.
(5) Whether the defendant's confession and defense are reasonable and consistent.
(6) Whether the defendant's confession and defense, the confession and defense of the other defendants in the same case, and other evidence are mutually corroborated, and whether there is any contradiction.
(7) Where there are real-time audio and video recording materials, cross-examination may be conducted in combination with the relevant audio and video recording materials.
(8) Other circumstances required to be cross-examined.
Article 101 Where a defense lawyer has any objection to the authentication opinions and the authentication opinions have an impact on the defendant's conviction and sentencing, the defense lawyer may apply to the people's court for notifying the authentication expert of testifying in court.
The authentication opinions shall be cross-examined mainly from the following respects:
(1) Whether the authentication expert has any relationship of interest with the case.
(2) Whether the authentication expert has any relationship of interest with the defendant or victim.
(3) Whether the authentication institution and authentication expert have legal qualifications.
(4) Whether the authentication procedures, process and methods comply with the provisions of the laws and regulations and satisfy the requirements of the professional norms.
(5) Whether the source, acquisition, safekeeping and submission of the samples to be tested comply with the law and the relevant provisions.
(6) Whether the authentication opinions are specific and whether the formal requirements are complete.
(7) Whether there is any connection between the authentication opinions and the facts of a case to be proved.
(8) Whether there is any contradiction between the authentication opinions and other evidence.
(9) Other circumstances required to be cross-examined.
Article 102 A defense lawyer may apply to the court for requesting a person with specialized knowledge to appear in court to assist in cross-examination and provide opinions on the authentication opinions.
Article 103 The physical evidence shall be cross-examined mainly from the following respects:
(1) Whether the physical evidence is the original object.
(2) The relationship between the physical evidence and the facts to be proved.
(3) Whether the physical evidence and other evidence are mutually corroborated, and whether there is any contradiction.
(4) Whether the source of the physical evidence, and procedures and methods of collection are legal.
(5) Whether the physical evidence has been damaged or changed.
(6) Whether the physical evidence is collected completely and comprehensively.
(7) Whether the photo, video or copy of the physical evidence may reflect the appearance and characteristics of the original object.
(8) Whether the physical evidence collected or detained from investigation, inspection or search is attached with a corresponding transcript list, whether the transcript list contains the signatures of the investigators, holders and witnesses, and whether the names, features, quantity, quality and other items of the articles have been clearly specified.
(9) Other circumstances required to be cross-examined.
Article 104 The documentary evidence shall be cross-examined mainly from the following respects:
(1) Whether the documentary evidence is the original.
(2) Whether there is any sign of change or alteration in the documentary evidence.
(3) The relationship between the documentary evidence and the facts to be proved.
(4) Whether the documentary evidence and other evidence are mutually corroborated, and whether there is any contradiction.
(5) Whether a duplicate and photocopy of the documentary evidence are verified to be consistent with the original or are authenticated or otherwise determined to be authentic.
(6) Whether the source of the documentary evidence, and procedures and methods of collection are legal.
(7) Whether the documentary evidence has been damaged or changed.
(8) Whether the documentary evidence relevant to the facts of a case has been completely collected.
(9) Whether the physical evidence collected from investigation, inspection or search is attached with corresponding transcript, and whether the transcript contains the signatures of the investigators, holders and witnesses.
(10) Other circumstances required to be cross-examined.
Article 105 The transcript of investigation and inspection shall be cross-examined mainly from the following respects:
(1) Whether investigation and inspection has been conducted according to the law, and whether the transcript has been developed according to the law and the requirements of the relevant provisions.
(2) Whether the contents of the investigation and inspection transcripts are comprehensive, detailed, accurate and regulated.
(3) Whether the form and methods of fixing evidence are scientific and regulated.
(4) Whether the reasons have been specified through supplementary investigation and inspection and whether there is contradiction.
(5) Whether the contents recorded in the transcript of investigation and inspection and other evidence are corroborated and whether there is any contradiction.
(6) Whether the investigator, inspector and witness have affixed signatures or seals to the transcript of investigation and inspection.
(7) Other circumstances required to be cross-examined.
Article 106 The identification transcript shall be cross-examined mainly from the following respects:
(1) Whether identification is conducted under the auspices of the investigators.
(2) Whether the identifier has seen the objects to be identified before identification or has inquired of the specific characteristics of the objects to be identified in a detailed manner.
(3) Whether the identification activity has been conducted separately.
(4) Whether the objects to be identified or the number of objects satisfy the requirements.
(5) Whether there is any imply or designation for the identifier.
(6) Whether there are any identification transcript developed according to the standards.
(7) Other circumstances required to be cross-examined.
Article 107 The investigative experiment transcript shall be cross-examined mainly from the following respects:
(1) Whether the process and methods of experiment and the development of the transcript comply with the relevant provisions.
(2) Whether there is any significant difference between the conditions of the investigative experiment and the conditions at the time of the incident.
(3) Whether there are any other circumstances affecting the scientific conclusion of the experiment.
Article 108 The audio-visual materials shall be cross-examined mainly from the following respects:
(1) The formation, time, place and surrounding environment of the audio-visual materials.
(2) Whether the sources and collection process of the audio-visual materials are legal, and whether the parties have been threatened or seduced and fall under other circumstances in violation of the law and relevant provisions during the process of making.
(3) Whether the audio-visual materials are the originals and whether the producer and the original audio-visual materials holder have affixed signature or seal thereto.
(4) Whether the contents and production process are authentic and complete, and whether the audio-visual materials have been forged, altered, edited, increased or decreased.
(5) The relationship between the contents and the facts to be proved.
(6) Whether the equipment playing the audio-visual materials affects the broadcasting effect.
(7) Where the audio-visual materials are duplicates, whether the reasons for inability to take the originals, the process of making the duplicates and the process of storing the originals have been affixed.
(8) Other circumstances required to be cross-examined.
Article 109 The electronic evidence shall be cross-examined mainly from the following respects:
(1) Whether the original storage medium has been transferred with the case.
(2) Whether making, storing, transmitting, obtaining, collecting, producing and other procedures and links comply with the technical norms and are legal.
(3) Whether the contents are authentic, altered, forged, deleted, amended, increased or decreased.
(4) Whether there is any connection between the electronic evidence and the facts of the case.
(5) Whether the electronic data relevant to the facts of the case are collected comprehensively according to the law.
(6) Other circumstances required to be cross-examined.
Article 110 A defense lawyer having doubt about the investigation and inspection transcript, examination transcript, identification transcript, investigative experiment transcript, audio-visual materials and electronic evidence may apply to the people's court for notifying the investigator, inspector and other relevant personnel of testifying in court.
Article 111 Where a public prosecutor produces the evidence not submitted before the court session, the defense lawyer may apply for adjournment or trial postponement.
Article 112 When a court conducts an out-of-court investigation and notifies the prosecutor and defender of being present, the defense lawyer shall be present.
Article 113 After a public prosecutor produces evidence, the defense lawyer shall have the right to produce evidence in court and may also apply to the court for notifying the witnesses of testifying in court. The evidence produced by a defense lawyer to the court may be the evidence collected by himself or herself according to the law or the evidence that has been transferred by the procuratorial authority to the court but has not been produced in court.
Article 114 When producing evidence, a defense lawyer shall explain the name, contents and source of the evidence, and the facts to be proved to the court. For non-verbal evidence, the original copy and original object shall be produced, and reasons shall be explained if the original copy and original object are unable to be produced.
Section 3 Participating in Court Debate
Article 115 A defense lawyer shall, according to the court's investigation of the facts of a case, and the defense opinions of the public prosecutor and other litigation participants, and in consideration of the facts, evidence, procedures and application of law of the dispute focus of a case, fully present defense opinions.
Article 116 A defense lawyer that has objection to the crime charged in the written indictment, or presents a defense of innocence or a defense that the criminal suspect should not be subject to criminal liability according to the law may present defense opinions from the following respects:
(1) opinions that the defendant has no criminal facts;
(2) opinions that the facts charged are unclear and the evidence is insufficient;
(3) opinions that the defendant's conduct alleged does not constitute a crime according to the law;
(4) opinions that the defendant has not attained the statutory age for criminal liability;
(5) opinions that the defendant is a mental patient legally exempted from criminal liability; and
(6) opinions that a person falls under the circumstances as prescribed in Article 15 of the Criminal Procedure Law and shall not be subject to criminal liability: the circumstances of the alleged conduct are obviously minor and cause no serious harm, and the alleged conduct is therefore not deemed a crime; the time limitation for criminal prosecution has expired; exemption of criminal punishment has been granted in a special amnesty decree; the alleged crime is handled only upon a complaint in accordance with the Criminal Law, but there is no such a complaint or the complaint has been withdrawn; the criminal suspect or defendant dies; and the person is otherwise exempted by law from criminal liability.
Article 117 A defense lawyer that holds no objection to the crime charged in the written indictment may present opinions from the respect of sentencing, including presenting opinions on the sentencing recommendations offered by the procuratorial authority and the reasons therefor.
Article 118 For a case in which a defense lawyer makes a defense of innocence, in court debate, a defense lawyer may firstly present defense opinions on conviction, and then present defense opinions on sentencing.
Article 119 Where a defense lawyer believes that the crime charged in the written indictment is untenable, but the criminal fact charged constitutes another crime for which lenient sentence shall be given, with the prior consent of the defendant, the defense lawyer may present defense opinions of changing the crime.
Article 120 A defense lawyer believing that there is illegal circumstances in the judicial proceeding of a case that affect the conviction and sentencing or there is illegally collected evidence to be excluded according to the law may present opinions in court debate.
Article 121 The evidence based on which a defense lawyer presents defense opinions and the laws applied shall be clear and accurate.
Article 122 A defense lawyer's defense opinions shall have clear points, focal points, sufficient argument, strong argumentation, rigorous logic, accurate wording and concise language.
Article 123 During the mutual debate with a public prosecutor, a defense lawyer shall focus on the public prosecutor's new problems and new points of view and present opinions in consideration of the dispute focus of the case.
Article 124 Prior to the pronouncement of the judgment of the first instance, a defense lawyer finding any new or missing facts and evidence required to be verified may apply to resume the court investigation.
Article 125 Where, in court session, the defendant refuses to defend or proposes to change a lawyer, the defense lawyer shall propose to adjourn the hearing of the case and appropriately handle the matter in consultation with the parties.
In the event of the course as prescribed in paragraph 2 of Article 12 of these Rules in court session, a defense lawyer may request the court to adjourn the hearing of the case and appropriately handle the matter in consultation with the parties.
Section 4 Work after the Court Session
Article 126 After an adjournment, a defense lawyer shall undergo the handover formalities with the court for the evidence to be produced and pronounced in court in a timely manner; and read the trial transcripts in a timely manner, request the clerk to make supplements or take corrective action, and affix signature thereto upon confirmation, if the defense lawyer deems that there is any omission or error.
Article 127 After an adjournment, a defense lawyer shall review the written defense opinions as soon as possible and submit them to the court.
Article 128 After the people's court pronounces the judgment, a defense lawyer shall receive the written judgment in a timely manner.
During the period of appeal, the defense lawyer of first instance and the lawyer intending to serve as the defense lawyer of trial on appeal may meet the defendant to hear his or her opinions on the written judgment and whether to appeal and offer suggestions.
Chapter V Defense Work in Public Prosecution Cases of Second Instance
Article 129 A defense lawyer that is retained by a defendant or the defendant's legal representative to serve as the defender of trial on appeal during the period of appeal shall assist the defendant in filing an appeal, including assisting in determining the request and cause of appeal, and preparing a written appeal on a commission basis, etc.
A defense lawyer of first instance may, with the consent of the defendant, file an appeal during the statutory appeal period.
A lawyer retained to serve as the defender of trial on appeal shall contact the people's court of trial on appeal in a timely manner, submit the authorization formalities, and participate in the legal proceedings of trial on appeal in a timely manner.
Article 130 After the procedures of trial on appeal are launched, a defense lawyer shall go to the court to consult the case files in a timely manner, meet the appellant and defendant of original trial, and investigate and collect relevant evidence if necessary.
Article 131 After consulting the case files, meeting the interview, conducting investigation and collecting relevant evidence, where a case of trial on appeal falls under one of the following circumstances, a defense lawyer shall present the opinions of holding court session in writing to the people's court and specify the specific reasons:
(1) The appellant or the legal representative of the appellant raises an objection to the facts and evidence identified in the first instance, which may affect the conviction and sentencing.
(2) The defense lawyer believes that the facts and evidence identified in the first instance are erroneous, which may affect the conviction and sentencing.
(3) The people's procuratorate or appellant and his or her defense lawyer submits new evidence.
(4) Other circumstances under which court session shall be held.
Article 132 For a case of trial on appeal that the people's court decides to hold court session, including a general appellate case, an appellate case in which the defendant is sentenced to death penalty, a case in which the people's procuratorate lodges protest and other cases in which the courts decide to hold court sessions, a defense lawyer shall effectively make relevant preparation before court session is held.
Article 133 A defense lawyer that attends the court session of a case of trial on appeal shall, according to the cause leading to the procedures of trial on appeal, determine the defense ideas and priorities and conduct defense:
(1) For an appellate case, a defense lawyer shall carry out defense activities mainly focusing on the facts, evidence and application of law involved in the appeal, and request the people's court of trial on appeal to revoke the original sentence and render a new sentence; if the facts are unclear or evidence is insufficient, a defense lawyer shall request the people's court of trial on appeal to remand the case to the original trial court for retrial; and for a case that has been remanded for retrial once, a defense lawyer shall directly request the people's court to acquit the defendant under the principle of “innocent until proved guilty.”
(2) For a case in which protest is lodged, a defense lawyer shall, according to the impact caused on the defendant of the original trial, determine the defense ideas and opinions. For a protest adverse to the defendant of the original trial, the original judgment shall be upheld and the people's court of trial on appeal shall be requested to dismiss the protest and uphold the original judgment; and for a protest in favor of the defendant of the original trial, the protest shall be supported, to expect that the people's court of trial on appeal reverses the original judgment and makes a modified judgment in favor of the defendant.
(3) For a case in which both appeal is filed and protest is lodged, a defense lawyer shall carry out defense activities by mainly focusing on the request and cause of appeal, and concurrently giving consideration to the request and cause of protest, and support the protest in favor of the appellant and defendant of the original trial or oppose the protest adverse to the appellant and defendant of the original trial respectively according to the different circumstances.
Article 134 For a case of trial on appeal in which the people's court decides not to hold court session, the defense lawyer shall submit the written defense opinions to the people's court in a timely manner. If necessary, a request of presenting face-to-face defense opinions to the case-handling judge may be filed.
Article 135 Under the procedures of trial on appeal, a defense lawyer finding that the trial of the people's court of first instance falls under one of the following circumstances in violation of the statutory judicial proceeding may, with consent of the appellant and the defendant of the original trial, present the opinions of reversing the original judgment and remanding the case for retrial to the people's court of trial on appeal:
(1) The provisions of the Criminal Procedure Law on public trial are violated.
(2) The system of disqualification is violated.
(3) The statutory procedural rights of the parties are deprived or restricted, which may affect the fair trial.
(4) The composition of the trial organization is illegal.
(5) Other violations of the statutory judicial proceeding may affect the fair trial.
Where the defendant disagrees to remand the case for retrial, the defense lawyer may present defense opinions.
Chapter VI Representation in Litigation of Public Prosecution Cases
Article 136 A lawyer may accept the authorization of the legal representative of a victim in a case of public prosecution, a close relative of a victim that has been dead, or a victim without capacity of civil conduct or with limited capacity for civil conduct to serve as the litigation representative of a criminal case.
A lawyer may serve as the litigation representative of the plaintiff or defendant of the case of civil action incidental to criminal proceeding.
Article 137 After accepting authorization, a lawyer shall provide the client with legal consulting and other legal aid, and contact the court undertaking the case and submit the materials on the representation formalities in a timely manner.
Article 138 A representing lawyer of a victim in a public prosecution case that receives a notice of appearance less than three days before the opening time may request the people's court to change the date of opening court session; shall appear in court as scheduled, if a notice of appearance is received within the statutory period; and may request the people's court to change the date of opening court session, if he or she is unable to appear in court for justified reasons.
Where the people's court has decided to hold a court session without notifying the victim and his or her representing lawyer, the representing lawyer may request the people's court to notify the victim and his or her representing lawyer according to the law, to guarantee the rights of the victim and his or her representing lawyer to attend the court session in court.
Article 139 A representing lawyer may, before court session is held, consult the people's court about whether a case is to be tried in public. Where a case involves a victim's privacy or trade secrets, a representing lawyer shall request the people's court to hear the case in camera.
Article 140 A representing lawyer shall notify the victim of having the right to apply for disqualification of a member of the collegial bench, clerk, public prosecutor, authentication expert and interpreter, and assist the victim in exercising his or her rights.
Article 141 In court session, a representing lawyer shall legally direct or represent the client to exercise the following procedural rights, or assist the client in exercising the following procedural rights:
(1) applying for convening or attending a pretrial conference;
(2) stating the facts of the case;
(3) producing and pronouncing the relevant evidence;
(4) requesting the court to notify the witnesses, authentication experts and producers of investigation and inspection transcripts that do not appear in court of testifying in court;
(5) questioning the defendants, witnesses, authentication experts and producers of investigation and inspection transcripts, upon permission by the presiding judge;
(6) raising objections to the threatening and inducing questions that are put forward by the defendant and his or her defense lawyer, and that harm the personal dignity or are irrelevant to this case;
(7) presenting cross-examination opinions against various pieces of evidence;
(8) presenting defense opinions;
(9) applying for notifying new witnesses of appearing in court, collecting and consulting new evidence, and conducting re-authentication or investigation;
(10) applying to the court for notifying a person with specialized knowledge to appear in court, to present opinions on the authentication opinions issued by the authentication expert;
(11) requesting the court to adjourn the trial if necessary; and
(12) applying to the people's court for excluding illegally collected evidence according to the law.
Article 142 In court session, a representing lawyer may debate with the defendant and his or her defense lawyer. Where the opinions of a representing lawyer are inconsistent with those of a public prosecutor, the representing lawyer shall, starting from the point of protecting the lawful rights and interests of the victim, independently present the representation opinions.
Article 143 A representing lawyer believing that the procedural rights of a victim or representing lawyer have been infringed upon may, according to the relevant provisions of the Criminal Procedure Law, file a petition or accusation with the people's procuratorate.
Article 144 A representing lawyer shall notify the parties of verifying the trial transcripts, supplement the omissions or make amendments to the errors, and affix signatures thereto upon confirmation.
A representing lawyer shall undergo the handover formalities with the court for the evidence to be produced and pronounced in court in a timely manner; and read the trial transcripts in a timely manner, request making supplements or taking corrective action, and affix signature thereto upon confirmation, if the representing lawyer deems that there is any omission or error.
Article 145 After the people's court pronounces the judgment, a representing lawyer shall receive the written judgment in a timely manner.
Where a victim and his or her legal representative refuse to accept the judgment of first instance, the representing lawyer may assist the victim and his or her legal representative in requesting the people's procuratorate to file a protest or represent the people's procuratorate to file a protest within 5 days of the receipt of a written judgment.
Article 146 After a public prosecution case enters the procedures of trial on appeal, a lawyer's representation work shall be carried out according to the relevant provisions of these Rules on first instance.
Chapter VII Representation and Defense Work in Cases of Private Prosecution
Section 1 Representation Work in Cases of Private Prosecution
Article 147 A lawyer may accept the representation of a private prosecutor and his or her legal representative to serve as the litigation representative thereof. Before accepting representation, a lawyer shall examine whether a case falls into the scope of statutory cases of private prosecution and meets the conditions of docketing.
Article 148 A representing lawyer shall assist the private prosecutor in analyzing the case, determine the defendant and the court with jurisdiction, investigate and understand relevant facts and evidence, and develop the criminal complaint of private prosecution on a commission basis: A complaint of private prosecution shall include the following contents:
(1) the name, age, ethnicity, native place, place of birth, educational level, occupation, employer, domicile and other natural conditions of the private prosecutor and defendant;
(2) the criminal facts of the defendant, including the time, place, means, harmful consequences, etc.;
(3) the crime committed by the defendant;
(4) the specific claims;
(5) the people's court to receive the complaint and the time of accusation;
(6) the witness's name and address; and
(7) the name, pieces and sources, etc. of evidence.
Where there are more than two defendants, copies of the complaints of private prosecution shall be provided according to the number of defendants.
Article 149 Where a private prosecutor requests for civil compensation concurrently, a representing lawyer may assist him or her in developing a criminal complaint of incidental civil action, to specify the damages caused by the criminal act of the defendant, specific compensation claim and basis for calculation.
Article 150 A lawyer accepting representation to file a private prosecution shall prepare for the following materials and documents:
(1) the identification of the private prosecutor;
(2) the criminal complaint of private prosecution;
(3) the evidentiary materials and catalogue;
(4) the power of attorney;
(5) the certificate of the law firm; and
(6) the lawyer's practicing certificate, etc.
Where a civil action incidental to criminal proceeding is filed concurrently, a criminal complaint of incidental civil action shall be submitted.
Article 151 After the people's court examines a case of private prosecution and requests the private prosecutor to supplement evidence or withdraw private prosecution, the representing lawyer shall assist the private prosecutor in effectively supplementing evidence and negotiate with the private prosecutor on whether to withdraw the private prosecution.
Where there are common infringers, but the private prosecutor only initiates a prosecution against some of the infringers, and where there are common infringers, but only some of the private prosecutors initiate prosecutions, a representing lawyer shall provide the private prosecutor with legal consulting and interpretation of the legal provisions, and notify him or her of the legal risks and consequences.
Article 152 Where a ruling of rejecting or dismissing the action rendered by the people's court is refused to be accepted, a representing lawyer shall assist the private prosecutor in filing an appeal.
Article 153 Before the people's court decides to hold a court session, a representing lawyer shall effectively make pre-trial preparations. For the evidence that cannot be obtained, a representing lawyer shall apply to the people's court for conducting investigation and obtaining evidence according to the law.
Article 154 In a criminal case of private prosecution in which a defendant files a counterclaim, a representing lawyer may accept representation of the defendant of counterclaim, and concurrently serve as his or her defense lawyer.
Article 155 A representing lawyer shall notify the private prosecutor of the legal provisions on holding court sessions for a case of private prosecution, to prevent the legal consequences that the people's court handles it as a case in which litigation is automatically revoked, as the private prosecutor refuses to appear in court or leaves the courtroom during a court session without permission. Where the private prosecutor does not appear in court, the representing lawyer shall still appear in court as scheduled to fulfill the functions.
Article 156 When a court session is held for a case of private prosecution, the representing lawyer shall assist the private prosecutor in fully exercising the functions of filing a complaint and use the evidence to prove that the private prosecutor's charges are tenable.
Article 157 Where the summary procedures may be applicable to a case of private prosecution according to the law, a representing lawyer may represent the private prosecutor to request the people's court to apply the summary procedures. Where the summary procedures shall not be applicable to a case of private prosecution according to the law, a representing lawyer may represent the private prosecutor to raise an objection to the decision of the people's court for applying the summary procedures.
Article 158 After the court debate for a case of private prosecution ends, the representing lawyer may, according to the authorization of the client, participate in the court mediation.
Article 159 A representing lawyer shall assist the private prosecutor in deciding whether to settle with the defendant or withdraw the private prosecution before the court pronounces the judgment.
Section 2 Defense Work in Cases of Private Prosecution
Article 160 A lawyer may accept representation of a defendant in a case of private prosecution and his or her legal representative or close relative to serve as the defense lawyer of the defendant.
Article 161 A defense lawyer serving as the defense lawyer of a defendant in a case of private prosecution shall be governed by the work rules on defense lawyers in public prosecution cases and pay attention to the following matters:
(1) A defendant in a case of private prosecution shall have the right to file a counterclaim.
(2) Where a private prosecutor refuses to appear in court without justifiable reasons after having been legally summoned twice or leaves the courtroom during a court session without the permission of the court, the case shall be deemed withdrawn by the private prosecutor.
(3) A case of private prosecution may be mediated.
(4) A private prosecutor may conciliate in a private way with the defendant or withdraw the private prosecution.
Article 162 A defense lawyer shall meet a defendant in a case of private prosecution in custody and apply for changing the compulsory measures therefor.
Chapter VIII Representation Work in Civil Actions Incidental to Criminal Proceedings
Section 1 Representation Work for Plaintiffs in Civil Actions Incidental to Criminal Proceedings
Article 163 A lawyer may accept representation of a plaintiff in a civil action incidental to criminal proceeding meeting the statutory conditions to serve as the litigation representative in a civil action incidental to criminal proceeding to participate in some trial activities incidental to criminal proceedings, during the procedures of first instance and trial on appeal. The representation power shall be specified when undergoing the representation formalities.
Article 164 When accepting representation, a lawyer shall examine whether the following matters that may be tried as civil actions incidental to criminal proceedings exist:
(1) Whether criminal proceeding as the prerequisite for the civil action incidental to criminal proceeding exists.
(2) Whether a defendant in a civil action incidental to criminal proceeding meets the statutory conditions.
(3) Whether there is a causal relationship between the victim's material losses and the defendant's act.
(4) Whether a civil action incidental to criminal proceeding is filed after a criminal case is docketed and before the judgment of first instance is pronounced.
(5) Whether it falls into the statutory scope of civil actions incidental to criminal proceedings.
Article 165 After accepting representation, a lawyer shall represent the client to prepare a criminal complaint of incidental civil action, including the following contents:
(1) the basic information on the plaintiff and defendant in a civil action incidental to criminal proceeding;
(2) the specific claims;
(3) the facts and causes;
(4) the people's court to receive the complaint and the time of accusation; and
(5) relevant evidentiary materials, etc.
Article 166 For a civil action incidental to criminal proceeding decided by the people's court not to be docketed, a lawyer may suggest that the client should separately institute a civil lawsuit, requesting the case handling authority to conduct recovery or take other remedial measures.
Article 167 A representing lawyer may, according to the case situation, legally collect evidence on its own or assist the client in legally collecting evidence, conduct investigation, and apply for authentication.
Article 168 When instituting a civil action incidental to criminal proceeding, a representing lawyer may suggest that the client should apply to the people's court for taking seizure, detainment, or freezing and other preservation measures against the property of the defendant or assist the client in applying to the people's court for taking seizure, detainment, or freezing and other preservation measures against the property of the defendant.
Article 169 A lawyer serving as a litigation representative of a party in a civil action incidental to criminal proceeding shall notify the client of the following statutory matters that may lead to handling of the case as automatic withdrawal:
(1) A plaintiff of the civil action incidental to criminal proceeding refuses to appear in court without justifiable reasons after having been legally summoned twice.
(2) A plaintiff of the civil action incidental to criminal proceeding leaves the courtroom during a court session without the permission of the court.
Article 170 A representing lawyer may, in court session, carry out the following work according to the case situation:
(1) applying for disqualification of the members of the collegial bench in the case, clerk, public prosecutor, authentication experts and interpreter upon authorization of the client;
(2) stating the facts of the case;
(3) producing and reading the evidence of the party;
(4) applying to the court for notifying the witnesses of this party of testifying in court;
(5) questioning the defendants, witnesses and authentication experts upon permission by the presiding judge;
(6) presenting cross-examination opinions against the evidence of the defendant of a civil action incidental to criminal proceeding;
(7) raising objections to the improper questioning of the defendant of civil action incidental to criminal proceeding;
(8) presenting the representation opinions; and
(9) reconciling with the defendant, upon authorization of the client.
Article 171 Where a client participates in the litigation, a representing lawyer shall direct the client to participate in the mediation and prepare for the mediation plan.
Article 172 Where a plaintiff refuses to accept the part of civil action incidental to criminal proceeding in the judgment and ruling of first instance, the representing lawyer shall, according to representation, assist the plaintiff in filing an appeal.
Section 2 Representation Work for Defendants in Civil Actions Incidental to Criminal Proceedings
Article 173 A lawyer may accept representation of a defendant in a civil action incidental to criminal proceeding and his or her legal representative or close relative to serve as the litigation representative during the procedures of first instance and trial on appeal. The representation power shall be specified when undergoing the representation formalities.
Where the defendant of a civil action incidental to criminal proceeding is a legal person or another organization, a representing lawyer shall, besides producing the lawyer's practicing certificate to the court and submitting the certificate and power of attorney issued by the law firm, submit the photocopies of the identification of the legal representative and other persons in charge of the entity, business license and other documents proving the existence of the entity.
Article 174 A defense lawyer of a defendant in a criminal proceeding may accept representation to concurrently serve as the litigation representative of the defendant in a civil action incidental to criminal proceeding, but shall separately undergo the formalities of representation.
Article 175 A representing lawyer may, according to the case situation, conduct investigation and obtain evidence, and apply for authentication; shall develop a written statement of defense, participate in the court session, produce evidence and conduct cross-examination, hold debate, and present representation opinions; and shall, with the consent of the defendant, file a counterclaim and reconcile with the other party.
Article 176 Where a plaintiff in a civil action incidental to criminal proceeding refuses to accept the part of civil action incidental to criminal proceeding in the judgment of first instance, the representing lawyer shall, according to representation, assist the defendant in filing an appeal.
Chapter IX Defense Work in Summary Procedures
Article 177 A lawyer may accept representation of a party and his or her close relative or legal representative, to serve as the defender and participate in the case tried by the people's court under the summary procedures.
Article 178 A defense lawyer shall explain to the defendant the legal provisions and legal consequences on the application of the summary procedures in a timely manner.
Article 179 A defense lawyer shall, according to the provisions of Article 208 of the Criminal Procedure Law, examine whether the application of the summary procedures complies with the law. A defense lawyer believing that the summary procedures should not be applied shall raise an objection in a timely manner and request the people's court to apply the normal procedures according to the law.
Article 180 A defense lawyer handling a case to be tried under the summary procedures and finding the following circumstances during the period of trial shall suggest that the court should try the case under normal procedures:
(1) The defendant has objection to the application of the summary procedures.
(2) The defendant's act may not constitute a crime.
(3) The case facts are unclear and the evidence is inadequate.
(4) The defendant may not assume criminal liability.
(5) The defendant is blind, deaf or dumb or a mental patient that has not yet completely lost his or her capacity of identifying or controlling his or her act.
(6) The defendant denies the criminal facts charged in the written indictment in court.
(7) Some defendants in a joint criminal case do not plead guilty.
(8) There is significant social impact.
(9) Other circumstances under which summary procedures shall not be applied.
Article 181 For a public prosecution case to be tried under the summary procedures, a defense lawyer may cross-examine the evidence to which he or she has objection; and may, with permission of the judicial officers, debate with the public prosecutor and litigation representative.
Chapter X Defense Work in the System for Imposing Lenient Punishments on Those Confessing to Their Crimes and Accepting Punishments
Article 182 For a case in which the criminal fast-track sentencing procedures apply, a defense lawyer shall, within 3 working days of the date of accepting representation or designation, meet the criminal suspect or defendant; and during the period of examination for prosecution and trial, a defense lawyer shall, within 3 working days of the date of accepting representation or designation, complete consultation of the case files.
Article 183 A defense lawyer believing that a case meets the conditions for applying the criminal fast-track sentencing procedures may, with consent of the criminal suspect, proactively suggest that the people's procuratorate should handle the case under the criminal fast-track sentencing procedures.
Article 184 When meeting a criminal suspect or defendant, a defense lawyer shall explain in detail the contents and requirements of the criminal fast-track sentencing procedures to the criminal suspect or defendant, and notify him or her of the consequences of his or her procedural rights and substantial interests brought about by selection of the criminal fast-track sentencing procedures, including acknowledging the accused criminal facts, agreeing with the sentence proposed by the people's procuratorate, signing a recognizance, simplifying the written indictment, trial of a case by a sole judge, conducting no court investigation or court debate in court session, shortening time limits for trial, service, etc., and the defendant's rights to make final statements in court session, among others.
A defense lawyer shall comprehensively understand the free will of the criminal suspect or defendant, to ensure that the criminal suspect or defendant authentically and voluntarily pleads guilty.
Article 185 When the criminal suspect or defendant voluntarily pleads guilty and agrees with applying the criminal fast-track sentencing procedures, and the defense lawyer also agrees with applying the criminal fast-track sentencing procedures upon comprehensive examination, the defense lawyer shall no longer conduct defense of innocence.
A defense lawyer believing that a criminal suspect or defendant is innocent or that a criminal suspect or defendant pleads guilty for illegal means such as threat, solicitation, deception or torture shall raise an objection to the criminal fast-track sentencing procedures, and submit written opinions and relevant evidentiary materials.
Article 186 A defense lawyer finding that a case is unsuitable for applying the fast-track sentencing procedures shall request the case handling authority to change the procedures in a timely manner.
Article 187 When handling a case to which the criminal fast-track sentencing procedures apply, a defense lawyer shall actively apply for release on bail and residential surveillance for the criminal suspect or defendant, participate in the process of a criminal suspect's signing of a recognizance, and participate in the reconciliation process with the victim and his or her relatives.
Article 188 During the period of examination for prosecution, a defense lawyer shall, after fully communicating with the criminal suspect or defendant, present sentencing opinions to the procuratorial authority, with the consent of the criminal suspect or defendant.
At the trial stage, a defense lawyer may present defense opinions mainly focusing on the sentencing issue.
Article 189 A defense lawyer shall specifically introduce the system for imposing lenient punishments on those confessing to their crimes and accepting judgments to the criminal suspect or defendant, mainly including the following contents:
(1) A criminal suspect or defendant to which the system for imposing lenient punishments on those confessing to their crimes and accepting judgments applies shall voluntarily plead guilty, agree with the accused criminal facts and sentencing suggestion, and sign a recognizance.
(2) The system for imposing lenient punishments on those confessing to their crimes and accepting punishments shall apply to the criminal fast-track sentencing procedures, summary procedures and normal procedures.
(3) A criminal suspect or defendant has the optional right of procedure, corresponding legal rights of choosing different procedures and consequences.
(4) A criminal suspect or defendant has the defense rights and other procedural rights according to the law and has the right to obtain effective legal assistance.
(5) Where a criminal suspect voluntarily and faithfully confesses to the suspected criminal facts or has a major meritorious service, or the case involves major national interests, after reporting to the Ministry of Public Security level by level for submitting a request to the Supreme People's Procuratorate for approval, the investigation authority may withdraw the case; and during the period of examination for prosecution, after reporting to the Supreme People's Procuratorate for approval, the people's procuratorate may make a decision of non-prosecution.
(6) Circumstances under which the system for imposing lenient punishments on those confessing to their crimes and accepting punishments shall not apply as prescribed by law.
Article 190 For a case which the system for imposing lenient punishments on those confessing to their crimes and accepting punishments applies, a defense lawyer shall comprehensively consult case files, understand the case, diligently examine whether the accused facts of the criminal suspect or defendant constitute a crime, whether the criminal suspect or defendant confesses to his crimes and accepts punishments voluntarily, and whether evidence is collected by violence, threat, induction and other illegal means, and provide legal consulting and suggestions for the criminal suspect or defendant in a timely manner.
Article 191 During the process of investigation, a defense lawyer may discuss with the investigation authority on the issue that the criminal suspect pleads guilty and accepts punishment. Where a criminal suspect voluntarily pleads guilty and accepts punishment, the defense lawyer shall notify the investigation authority in a timely manner. A defense lawyer shall remind the investigation authority of specifying in the written opinions on transfer for examination for prosecution that the criminal suspect voluntarily pleads guilty and accepts punishment.
Article 192 During the process of examination for prosecution, a defense lawyer shall actively participate in the negotiations between the criminal suspect and the procuratorial authority on pleading guilty and accepting punishment, selection of the judicial proceeding, sentencing suggestion, signing of a recognizance and other activities, remind the investigation authority of specifying in the written indictment that the criminal suspect pleads guilty and accepts punishment and the sentencing suggestion, and transfer the recognizance and other relevant materials.
Article 193 During the period of trial, a defense lawyer shall mainly carry out the following defense work:
(1) A defense lawyer shall verify the voluntariness of the defendant for pleading guilty and accepting punishment and the legitimacy of the recognizance for pleading guilty and accepting punishment, and present the opinions to the people's court.
(2) A defense lawyer shall examine whether the case should be tried under the fast-track sentencing procedures or summary procedures according to the law, and present opinions; and apply to the people's court for changing the procedures in a timely manner, where a case shall not be tried under the fast-track sentencing procedures or summary procedures.
(3) A defense lawyer shall offer the sentencing suggestion to the people's court, or present agreeing or disagreeing opinions on the sentencing suggestion of the people's procuratorate, to strive for mitigated and lighter punishment for the defendant at maximum, including the principal punishment and accessory punishment.
(4) A defense lawyer shall participate in the defense work of second instance.
Article 194 When handling a case in which the defendant pleads guilty and accepts punishment, a defense lawyer finding extortion of confession by torture, collection of evidence by violence, bending law for personal gains and other circumstances shall notify the case handling authority of terminating the procedures of pleading guilty and accepting punishment in a timely manner.
Article 195 In a case in which the defendant pleads guilty and accepts punishment, a defense lawyer shall pay special attention to the defense work on compulsory measures. During the period of investigation, examination for prosecution and trial, a defense lawyer shall actively present the opinions that the criminal suspect or defendant has no social danger and should be permitted to be subject to release on bail or residential surveillance.
Article 196 When handling a case in which the system for imposing lenient punishments on those confessing to their crimes and accepting punishments applies, a defense lawyer shall actively offer suggestions for and participate in the reconciliation and negotiations with the victim and his or her families, to seek forgiveness of the victim.
Article 197 When handling a case in which the system for imposing lenient punishments on those confessing to their crimes and accepting punishments applies, a defense lawyer shall pay attention to the criminal suspect's or defendant's property seized, impounded or frozen. Where the seizure, impoundment, and freezing measures are inappropriate, a defense lawyer shall propose to the case handling authority and request taking corrective action.
Article 198 Where a criminal suspect or defendant regrets after pleading guilty and accepting punishment, a defense lawyer shall understand the situation and notify the case handling authority in a timely manner.
Chapter XI Defense Work in Death Penalty Review Cases
Article 199 A lawyer may accept representation of a party to a case and his or her close relative and designation of the legal aid agency to serve as the defender of the defendant in a case of death sentence with immediate execution and a case of death sentence with a suspension of execution.
Article 200 A defense lawyer handling a death penalty review case may meet the close relatives of the defendant and other people to understand the case situation, request the close relatives of the defendant to provide the relevant case materials, copy the case materials in the people's court, and request the original representing lawyer to provide the case materials, and the original representing lawyer shall provide work convenience and necessary assistance.
Article 201 A defense lawyer handling a death penalty review case shall respectively carry out work according to the following circumstances:
(1) In a case of first instance in which the defendant is sentenced to death penalty with a suspension of execution by the intermediate people's court, the defendant files no appeal, nor the people's procuratorate lodges a protest, the defense lawyer shall, upon expiry of the period of appeal and protest and within the period of approval by the higher people's court, submit the materials on the representation formalities and present the written defense opinions to the higher people's court.
(2) In a case of first instance in which the defendant is sentenced to death penalty with immediate execution by the intermediate people's court, the defendant files no appeal, nor the people's procuratorate lodges a protest, the defense lawyer shall, upon expiry of the period of appeal and protest and within the period of review by the higher people's court, submit the materials on the representation formalities and present written defense opinions to the higher people's court. Where the higher people's court agrees to impose a death sentence with immediate execution upon a defendant, the defense lawyer shall, after the higher people's court renders a ruling and within the period of review by the Supreme People's Court, submit the materials on the representation formalities and present written defense opinions to the Supreme People's Court.
(3) In a case of first instance in which the defendant is sentenced to death penalty with immediate execution by the intermediate people's court, the defendant files an appeal and the people's procuratorate lodges a protest, the defense lawyer shall, upon receipt of the ruling and within the period of review by the Supreme People's Court, submit the materials on the representation formalities and present written defense opinions to the Supreme People's Court.
(4) In a case of first instance in which the defendant is sentenced to death penalty with immediate execution by the higher people's court, the defendant files no appeal, nor the people's procuratorate lodges a protest, the defense lawyer shall, upon expiry of the period of appeal and protest, submit the materials on the representation formalities and present written defense opinions to the Supreme People's Court.
Article 202 A defense lawyer handling a death penalty review case shall diligently consult the case file materials, mainly examine the following contents, and present the corresponding defense opinions:
(1) the age of the defendant when he or she is suspected of a crime, whether the defendant has criminal capacity, whether the defendant is a pregnant woman in court session, and whether the defendant has attained the full age of 75 in court session;
(2) whether the facts ascertained in the original trial are clear, whether the evidence is true and sufficient, and whether reasonable doubt has been excluded;
(3) the circumstances of the crime, consequences and degree of harm;
(4) whether the law applied for the original judgment is correct, and whether the defendant must be sentenced to death penalty with immediate execution;
(5) whether there is any circumstance under which statutory or discretionary lighter or mitigated punishment may be imposed, including voluntary surrender, meritorious act, whether the victim has any fault, whether the victim is compensated, whether the victim expresses forgiveness, among others;
(6) whether the judicial proceeding is legal; and
(7) other circumstances to be examined.
Article 203 During the period of review of death penalty, a defense lawyer may, besides presenting written defense opinions to the collegial bench, meet the members of the collegial bench according to the law to present defense opinions face to face.
Article 204 When meeting a defendant during the period of review of death penalty, a defense lawyer shall, besides verifying relevant facts and evidence with the defendant, notify the defendant of the fact that he or she may be subject to lighter or mitigated penalty, if he or she accuses or discloses a major case and has other meritorious acts; and a defense lawyer knowing that a defendant falls under the circumstance of accusation or disclosure shall form written materials in a timely manner, and submit a request to the people's court of original trial or the people's court of review for investigation and verification.
Article 205 During the period of review of death penalty, a defense lawyer finding any new or missing facts or evidence that may lead to innocence, pettiness of a crime, lighter punishment, mitigated punishment or exemption from punishment shall form written materials in a timely manner, submit them to the people's court of original trial or the people's court of review together with the evidence, and request investigation and verification.
Chapter XII Defense and Representation Work in Cases of Minors
Article 206 A lawyer may accept representation of a minor party and his or her legal representative or close relative or designation of a legal aid agency, to serve as the defense lawyer of the minor.
Article 207 When handling a case of a minor, a defense lawyer shall pay due attention to the physical and psychological characteristics of minors and special rights that minors should be separately detained, separately administered, and separately educated with adults according to the law.
Article 208 A defense lawyer shall keep the materials on a minor involved in a case confidential and shall not publicize or disseminate them by any means, including the name, domicile, photo and image of the minor involved in the case, and other materials with which the identity of the minor may be inferred, among others.
Article 209 A lawyer serving as the defender of a minor shall focus on the examination of the following contents and present the corresponding defense opinions:
(1) Whether the minor has attained the full age of 14, 16 or 18 when he or she is charged of committing the criminal acts.
(2) At the time of interrogation and court session, whether the legal representative of a minor is notified of being present; and whether an appropriate adult has been present, where a legal representative is unable to be present as he or she is unable to be notified or for other circumstances.
(3) When a female minor is interrogated, whether a female staff member is present.
(4) Whether the conditions for no arrest are met, including pettiness of a crime, having effective guardianship conditions or social assistance and educating measures, no social danger or relatively less social danger, and no arrest will not hinder the normal litigation.
(5) Where the people's court decides to apply the summary procedures, whether the opinions of the minor defendant, his or her legal representative and defense lawyer have been consulted.
(6) In court, whether there is any circumstance under which a minor defendant is less likely to cause personal injuries and is impossible to be subject to any appliance for hindering the trial activities.
(7) In court session, whether a minor defendant has been induced to confess, reprimanded, satirized or threatened, etc.
(8) Whether the defendant falls under the circumstances to be tried by the juvenile court including not attaining the full age of 18 when the accused crime is committed, not attaining the full age of 20 when the people's court dockets a case, etc.
Article 210 A defense lawyer may, according to the case needs, investigate the minor's characteristics of personality, family situation, social interaction, growth experience, cause of crime, performance before and after committing the crime, guardianship education, etc. according to the law, prepare an investigation report, and submit it to the case handling authority.
Article 211 Where a minor criminal suspect has effective guardianship conditions or social assistance and educating measures, and falls under one of the following circumstances, and no arrest will not hinder the normal litigation, a defense lawyer shall present the opinions of disapproving arrest or no arrest to the people's procuratorate and the people's court:
(1) A minor criminal suspect commits a first-time crime or criminal negligence.
(2) A minor criminal suspect conducts preparation for a crime, criminal attempt, or discontinuance of a crime.
(3) A minor criminal suspect has voluntary surrender or meritorious act.
(4) A minor criminal suspect truthfully confesses the crime after committing a crime, conducts sincere repentance, actively returns ill-gotten gains, spares no effort to reduce and compensate for the loss, and is forgiven by the victim.
(5) A minor criminal suspect is not a principal criminal of a joint crime or a ringleader in a group crime.
(6) A minor criminal suspect is a minor that has attained full age of 14 but has not attained full age of 16, or a student at school.
(7) Other circumstances under which a minor criminal suspect may be exempted from being approved to be arrested.
Article 212 After a minor is arrested, a defense lawyer shall, in accordance with the case situation and Article 93 of the Criminal Procedure Law, apply to the people's procuratorate for conducting examination on the necessity of custody in a timely manner.
Article 213 A defense lawyer finding that the compulsory measures taken are inappropriate during the process of handling a case involving a minor shall, according to Article 94 of the Criminal Procedure Law, apply to the case handling authority for changing or revoking the compulsory measures in a timely manner.
Article 214 During the period of examination for prosecution, a defense lawyer may present defense opinions to the people's procuratorate.
A defense lawyer believing that a minor criminal suspect meets the conditions as prescribed in paragraph 1 of Article 271 of the Criminal Procedure Law shall suggest that the people's procuratorate should make a decision of conditional non-prosecution decision.
Where a minor criminal suspect and his or her legal representative have objection to the decision of conditional non-prosecution made by the people's procuratorate, a defense lawyer shall, according to paragraph 3 of Article 271 of the Criminal Procedure Law, assist them in raising an objection in a timely manner.
After expiry of the probationary period for conditional non-prosecution, a defense lawyer shall apply to the people's procuratorate for making a decision of non-prosecution.
Article 215 During the period of examination for prosecution, a defense lawyer believing that the minor criminal suspect falls under one of the following circumstances shall submit the opinions of not initiating a public prosecution to the procuratorial authority:
(1) The minor criminal suspect has no criminal facts.
(2) The minor criminal suspect falls under one of the circumstances as prescribed in Article 15 of the Criminal Procedure Law.
(3) The minor criminal suspect's crime is minor and no criminal punishment is necessary or the minor criminal suspect is exempted from criminal punishment in accordance with the Criminal Law.
(4) After supplementary investigation has been conducted once or twice for a minor criminal case, the evidence is still insufficient and the case does not meet the conditions for public prosecution.
Article 216 A defense lawyer may, in the light of the case situation, provide the court with written materials proving that relevant minor defendant is able to obtain guardianship, assistance and educating, and has no major adverse impact on the community where he or she lives, and offer suggestion of sentencing the minor defendant to supervision without incarceration, probation, etc.
Article 217 Before a court session is held and during adjournment, a defense lawyer may suggest that the court should arrange for a minor defendant to meet his or her legal representative or other adult relatives or representatives as prescribed in paragraph 1 of Article 270 of the Criminal Procedure Law.
Article 218 For cases in compliance with Article 275 of the Criminal Procedure Law, a defense lawyer shall request the judicial organ to seal up relevant criminal records. The files copied by the defense lawyer shall also be sealed up.
Article 219 The handling of criminal cases involving minors shall be governed by the relevant provisions of these Rules, except as otherwise specified in this section.
Article 220 Where the victim in a criminal case is a minor, the relevant provisions of this Chapter shall apply.
Chapter XIII Defense and Representation Work in Public Prosecution Cases in Which Litigants Reconcile
Article 221 A lawyer handling a public prosecution case as prescribed in Article 277 of the Criminal Procedure Law may suggest the litigants to conciliate in a private way or apply to the people's court for reconciliation.
Article 222 A lawyer may participate in and facilitate the reconciliation of the litigants. Where litigants conciliate in a private way, a lawyer may assist them in preparing a written document and submit it to the case handling authority for examination, or submit a request to the case handling authority for presiding over the development of a reconciliation agreement.
Article 223 A lawyer shall notify the litigants of regarding reconciliation of a public prosecution case as a basis for leniency.
Where two litigants conciliate during the period of investigation and examination for prosecution, a defense lawyer and representing lawyer may submit a request to the case handling authority to issue a proposal of leniency to the case handling authority of the next judicial proceeding.
In the case of pettiness of a crime, the defense lawyer may submit a request to the people's procuratorate for making a decision of non-prosecution.
Article 224 In a public prosecution case in which a lawyer participates in reconciliation of the litigants, the two litigants request confidentiality of the compensation for losses in the reconciliation agreement, a lawyer shall not disclose it by any means.
Chapter XIV Representation Work during the Confiscation Procedures for Illegal Gains
Article 225 During the confiscation procedures for illegal gains in a case where a criminal suspect or defendant escapes or dies, a lawyer may accept representation of the near relative of a criminal suspect or defendant or other interested parties to serve as the litigation representative.
Article 226 A lawyer accepting representation of the close relative of a criminal suspect or defendant shall assist him or her in collecting, reviewing and submitting the evidentiary materials on the relationship with the criminal suspect or defendant.
A lawyer accepting representation of an interested party shall assist him or her in collecting, reviewing and submitting the evidentiary materials proving that the property confiscated is held by him or her.
Where a client applies for participating in the litigation after the expiry of the announcement period, a lawyer shall assist him or her in explaining the reasonable cause.
Article 227 After accepting representation, a lawyer shall mainly examine the following contents and present the corresponding representation opinions:
(1) Whether the criminal suspect or defendant escapes after committing serious crimes such as embezzlement, bribery, or terrorist activities, and cannot be present in court after being wanted for a year.
(2) Whether the criminal suspect or defendant is dead.
(3) Whether the illegal gains and other property involved in the case shall be recovered according to the law.
(4) Whether the provisions of the law on jurisdiction have been complied with.
(5) The type, amount, location and other relevant evidentiary materials of the illegal gains and other property involved in the case.
(6) The list of the illegal gains seized, impounded or frozen and other property involved in the case, and relevant legal formalities.
(7) Whether the client files an application within the six-month announcement period.
Article 228 A lawyer accepting representation of an interested party may, in accordance with paragraph 3 of Article 281 of the Criminal Procedure Law, request the people's court to hold court sessions; and a lawyer accepting representation of the close relative of a criminal suspect or defendant may apply to the people's court for holding court sessions.
Article 229 A lawyer participating in the court sessions of a case for which an application is filed for confiscating the illegal gains shall, under the auspices of the court, carry out work under the following procedures:
(1) A lawyer shall present opinions after the procurator reads the application.
(2) A lawyer shall present cross-examination opinions on the relevant evidence produced by the procurator, and may produce relevant evidence.
(3) During the period of court debate, after the prosecutor delivers speeches, a lawyer shall present representation opinions and conduct debate.
Article 230 Where a ruling of confiscating illegal gains is rendered, a lawyer may accept representation of the close relative of a criminal suspect or defendant and another interested party, to file an appeal within five days of the receipt of the ruling.
Chapter XV Representation Work during the Procedures for Compulsory Medical Treatment
Article 231 In a involuntary medical treatment case, a lawyer may accept representation of a respondent or defendant and his or her legal representative or close relative or designation of a legal aid agency, to serve as the litigation representative.
Article 232 After accepting representation, a lawyer shall mainly examine the following contents and present the corresponding representation opinions:
(1) Whether the respondent or defendant has committed any violence, endangers public security or severely endangers the personal safety of citizens.
(2) Whether the respondent or defendant is a mental patient legally exempted from criminal liability identified according to the law under the legal procedures.
(3) Whether the respondent or defendant may continue to endanger the society, etc.
Article 233 A lawyer participating in the court sessions of a involuntary medical treatment case shall, under the auspices of the court, carry out work under the following procedures:
(1) A lawyer shall present opinions after the procurator reads the application.
(2) A lawyer shall present cross-examination opinions on the relevant evidence produced by the procurator, and may produce relevant evidence.
(3) During the period of court debate, after the prosecutor delivers speeches, a lawyer shall present representation opinions and conduct debate.
Article 234 Where a person on whom an involuntary medical treatment decision is made, a victim, and his or her legal representative and close relative refuse to accept a involuntary medical treatment decision, a lawyer may accept their representation to apply to the people's court at a next higher level for reconsideration within 5 days of the receipt of a written decision.
Article 235 A lawyer may accept representation of a person subject to involuntary medical treatment and his or her close relative to assist them in applying to the people's court of making a decision of involuntary medical treatment for terminating involuntary medical treatment.
To file an application, a lawyer shall submit a diagnosis assessment report of the person subject to involuntary medical treatment or apply to the people's court for collecting it. If necessary, a lawyer may apply to the people's court for entrusting an identification institution to identify the person subject to involuntary medical treatment.
Chapter XVI Representation Work in Petition Cases
Article 236 Where a litigant, his or her legal representative and close relative refuse to accept a judgment or ruling that has come into force, a lawyer may accept representation to file a petition with the people's court or the people's procuratorate on behalf of them.
Article 237 A lawyer believing that a petition falls under one of the following circumstances may apply to the people's court for retrial and submit a request to the people's procuratorate for filing a protest:
(1) There is new evidence proving that the facts ascertained in the original judgment and ruling have definite error and may affect the conviction and sentencing.
(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, and shall be excluded according to the law.
(3) There is contradiction between the main evidence proving the case facts.
(4) The main factual basis is changed or revoked according to the law.
(5) The crimes are erroneously determined.
(6) The sentencing is obviously inappropriate.
(7) The provisions on retroactivity of any law are violated and there is other error in law application.
(8) The judicial proceedings as prescribed in law are violated and may affect the fair judgment.
(9) A judge has acts of embezzlement, acceptance of bribes, practice of favoritism for personal gains, or adjudication by bending the law when trying a case.
Article 238 A lawyer representing a petition case shall file a petition with the people's court of original trial and the people's court of final trial.
For a difficult, complicated and significant case, a lawyer and may file a petition with the people's court at the next higher level of the people's court of final trial.
Article 239 Where the people's court decides to conduct retrial and review of a case, a lawyer may apply for review in a different place, consult the case files, hold a hearing and present legal opinion in a timely manner.
Article 240 A lawyer handling a retrial case shall, according to the provisions of these Rules on procedures, conduct debate and representation, but shall separately undergo the formalities of representation.
Chapter XVII Right Relief and Practicing Disciplines
Section 1 Right Relief
Article 241 A lawyer participating in criminal proceedings shall, according to the provisions of the Criminal Procedure Law and the Lawyers Law, and within the scope of functions, enjoy the right to know, right to apply, right to appeal, and legal practicing rights in such respects as meeting, consultation of case files, evidence collection and questioning, cross-examination and debates according to the law. No authority shall obstruct any lawyer from performing his or her functions of defense or representation, or infringe upon the lawful rights of any lawyer.
Article 242 A lawyer believing that a case handling authority and its staff members have one of the following acts of hindering his or her legal practicing of practicing rights and procedural rights may file a petition or accusation with the people's procuratorate at the same level or at the next higher level:
(1) A case handling authority and its staff members refuse to accept the disqualification requirements put forward by a lawyer or a reconsideration application filed by a lawyer refusing to accept a decision of disqualification.
(2) A case handling authority and its staff members fail to notify a criminal suspect or defendant of having the right of retaining a defender according to the law.
(3) A case handling authority and its staff members fail to forward the requirements of a criminal suspect or defendant in custody or under residential confinement for retaining a defender.
(4) A case handling authority and its staff members shall notify but do not notify a legal aid agency of designating a lawyer to provide defense or legal aid for a qualified criminal suspect or defendant or person subject to involuntary medical treatment.
(5) A case handling authority and its staff members refuse to accept or reply an application filed by a defender for changing compulsory measures or requirements put forward by a defender for terminating compulsory measures within the time limit prescribed.
(6) A case handling authority and its staff members fail to notify a defense lawyer of the charges against a criminal suspect and relevant case information.
(7) A case handling authority and its staff members illegally restrict a defense lawyer from meeting and corresponding with a criminal suspect or defendant in custody or under residential confinement.
(8) A case handling authority and its staff members illegally do not allow a defense lawyer to consult, exerpt and copy case materials of the case.
(9) A case handling authority and its staff members illegally restrict a defense lawyer from collecting and verifying relevant evidentiary materials.
(10) A case handling authority and its staff members disagree with an application filed by a defense lawyer for collecting evidence or notifying a witness of testifying in court without justifiable reasons, or fail to reply and explain the reasons.
(11) A case handling authority and its staff members fail to submit evidence proving innocence or pettiness of a crime of a criminal suspect or defendant.
(12) A case handling authority and its staff members fail to listen to the opinions of a lawyer according to the law.
(13) A case handling authority and its staff members fail to notify a lawyer of the time and place of court session according to the law in a timely manner.
(14) A case handling authority and its staff members fail to serve process of a case on a lawyer in a timely manner or notify a lawyer of the transfer of a case in a timely manner.
(15) A case handling authority and its staff members obstruct a lawyer's questioning, evidence production, cross-examination, presentation of defense or representation opinions and exercising of other procedural rights.
(16) A case handling authority and its staff members have other acts that hinder lawyers from exercising their procedural rights according to the law.
Article 243 Where a trial participant infringes upon the defendant's rights and a judge does not conduct trial under the procedures and by the method as prescribed by law, a defense lawyer may point it out to the court and request making corrections, and may also file a petition and accusation with the people's procuratorate at the same level or the next higher level.
Article 244 A lawyer may present opinions on or raise an objection to the procedural issues in court session. Where the court makes a decision of dismissal, a lawyer may apply for reconsideration in court. After reconsideration, a lawyer shall respect court decisions. A lawyer insisting on that a court decision is inappropriate may submit a request to the court for recording his or her opinions in the court transcript in detail as ground for appeal. After an adjournment, a lawyer may file a petition and accusation with the people's procuratorate at the same level or the next higher level according to the illegal circumstances.
Article 245 A lawyer believing that the ground for imposing an admonition and being taken out of court is inappropriate may file a petition with the people's court at a next higher level and file an accusation with the people's procuratorate.
Article 246 After filing a petition or accusation with the people's procuratorate, a lawyer may request the people's procuratorate to give a written reply on the handling of it within 10 days. Where a reply is not given within the prescribed time limit, a lawyer may file a petition or accusation with the people's procuratorate at a next higher level.
Article 247 A lawyer believing that a case handling authority and its staff members obstruct his or her legal exercising of practicing rights may apply to the municipal judicial administrative authority at its registration place and the lawyers association to which he or she is subordinate for protecting the practicing rights. In an emergency, a lawyer may apply to the judicial administrative authority and the lawyers association at the place where the emergency occurs for protecting the practicing rights. The judicial administrative authority and the lawyers association at the place where the emergency occurs shall provide assistance.
Article 248 A lawyer falling under the following circumstanced during the process of practicing and believing that his or her practicing rights are infringed upon may apply to the relevant lawyers association for protecting the practicing rights:
(1) The right to know, right to apply, right to appeal, and legal practicing rights in such respects as meeting, consultation of case files, evidence collection and questioning, cross-examination, debate and presenting legal opinions are restricted, obstructed, infringed upon, or deprived.
(2) He or she is insulted, defamed, threatened, retaliated against, or physically injured.
(3) In court session, his or her speech delivered under the procedures is interrupted or he or she is stopped from delivering speech under the procedures.
(4) He or she is forcibly taken out of court in violation of the provisions.
(5) He or she is illegally held in custody, detained, imprisoned or his or her personal freedom is otherwise restricted.
(6) His or her performance of defense and representation functions in accordance with the law is otherwise obstructed and his or her practicing rights are otherwise infringed upon.
Article 249 A lawyer believing that a case handling authority and its staff members evidently violate legal provisions, obstruct a lawyer's performance of defense and representation functions in accordance with the law, and infringe upon a lawyer's practicing rights may file a complaint with the case handling authority or its superior authority at the next higher level; file an appeal or accusation with the people's procuratorate at the same level or the next higher level; or file an application with the municipal judicial administrative authority at the registration place or the lawyers' association to which he or she is subordinate for protecting the practicing rights. Where a lawyer files an application with the judicial administrative authority and lawyers' association in the place of occurrence, the relevant judicial administrative authority or lawyer's association shall receive the lawyer, and transfer his or her application within 24 hours to the municipal judicial administrative authority at the registration place or the lawyers' association to which he or she is subordinate. If the circumstances are urgent, his or her application shall be transferred immediately.
Section 2 Practicing Disciplines
Article 250 A lawyer who has contact with a case handling authority and its staff members shall abide by laws and relevant provisions.
A lawyer shall not meet the case handling authority and its staff members in violation of relevant provisions, bribe, promise to offer benefits to, introduce anyone to bribe, instruct or induce a party to bribe, inquire of a case handling authority about the case handling opinion of the case handling authority, handle a case introduced thereby, or use his or her special relationship to affect the legal handling of a case.
Article 251 A lawyer who undertakes the business shall direct the parties to resolve disputes through legal channels and methods.
A lawyer shall not take illicit means that disrupt the public order and endanger public security such as instigating, inciting and organizing the parties or other persons to sit in, raise signs, put up banners, shout slogans, express support, and surround at the judicial authority or any other state authority so as to gather a crowd to make disturbances, create negative impacts and impose pressure on the relevant department.
Article 252 A lawyer shall perform his or her functions according to the statutory procedures, and shall not affect the legal handling of the case by any of the following illicit means:
(1) Providing legal services and intervening in a case in the name of a lawyer without entrustment of a party or appointment of the legal aid agency, which disrupts the legal handling of the case.
(2) Distorting, conducting misleading publicity and making misleading comments on a case handled by himself or herself or any other lawyer, or maliciously hyping a case.
(3) By taking such methods as forming a group, conducting a joint signature, issuing an open letter, organizing online assembling and support or in the name of case study and discussion, creating the pressure of public opinion, and accusing and defaming the judicial authority and judicial system.
(4) Disclosing or disseminating any information or materials of a case tried in camera in violation of any provision, or any important information or evidentiary materials on a case to which he or she or any other lawyer has access in the case handling process.
Article 253 When participating in the legal proceedings, a lawyer shall comply with the disciplines of the court and relevant provisions, and shall not commit any of the following acts which impedes or disrupts the normal legal proceedings:
(1) Refusing to appear in court to participate in judicial proceedings in accordance with the notification of the court without any justifiable reason, or retiring from the court without approval in violation of court rules.
(2) Gathering a crowd to make trouble in or assault the court, insulting, defaming, threatening, or assaulting the judicial personnel or litigation participants, or committing any other conduct that seriously disrupts the court order.
(3) Deliberately providing false evidence or threatening or inducing any other person to provide false evidence to the judicial authority, or obstructing the opposite party's legal obtainment of evidence.
(4) Any other act which impedes or disrupts normal legal proceedings as prescribed by laws.
Article 254 A lawyer shall accept business in accordance with the relevant provisions and shall not cheat or incite the parties to institute a lawsuit for competing for business, create and expand conflicts, or affect social stability.
Article 255 A lawyer shall respect peers, and have fair competition with other lawyers, A lawyer shall not solicit business by such illicit means as defaming any other law firm or lawyer, paying the referral fee, explicitly or implicitly indicating his or her particular relationship with the case handling authority, government department and its staff members, or setting up premises, disseminating advertisements or holding signboards around any judicial authority or supervision place.
Article 256 A lawyer shall keep confidential any circumstance or information that the client or other person who is unwilling to disclose in the course of his or her practice shall keep it confidential.
Article 257 When presenting defense opinions in court, a lawyer shall respect the court, convince people by reasoning, and respect other litigation participants. A lawyer shall not insult, defame or threaten others, present opinions irrelevant to the case, or deliver any speech that seriously disrupts the court order.
Article 258 A lawyer shall express his or her opinions on a case in public in a legal, objective, impartial and prudential manner.
Article 259 A lawyer shall handle criminal cases in accordance with these Rules, and a violator of the relevant contents of the practicing disciplines shall be given administrative penalties or industry punishments by the judicial administrative authority or lawyers association at his or her registration place according to the Lawyers Law, the Measures for the Administration of the Practice of Law by Lawyers and the Rules on Punishments against Members of the Lawyers Association Violating Regulations (for Trial Implementation).
Chapter XVIII Supplemental Provisions
Article 260 These Rules shall apply to the criminal defense and representation business undertaken by lawyers across the country. The power to interpret the disputes on the understanding and application of these Rules shall remain with the All-China Lawyers' Association.
Article 261 These Rules, as deliberated and adopted at the 8th plenary session of the Ninth Executive Council of the All-China Lawyers' Association, shall come into force on August 27 of 2017. The Rules on the Handling of Criminal Cases by Lawyers revised and issued by the All-China Lawyers' Association in 2000 shall be concurrently repealed.