Court entrance security check [court trial stage]
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Whether lawyers should undergo security checks when entering a court may seem like a small issue, but it is a concrete reflection of whether lawyers have equal status in the legal professional community. In the "People's Court Judicial Police Security Inspection Rules" promulgated by the Supreme People's Court in 2004, it has been clearly stipulated that lawyers appearing in court only need to undergo case inspection and registration, while other litigation participants need to undergo security inspections. The promulgation of this rule also provides an important basis for lawyers to strive for equal litigation status.
However, inherent concepts and practices cannot be changed immediately with the promulgation of a rule. In the years before the promulgation of the rules, conflicts between lawyers and court security personnel due to security issues occurred from time to time. In practice, courts in various places have this issue The processing methods are also different. In recent years, as lawyers continue to fight for their own rights and the society's understanding of the status of lawyers as a legal professional community, courts in various places have basically set up special lawyer channels. Lawyers can enter the court through the special channels without going through security checks after showing their IDs. However, conflicts over security checks between lawyers and courts still exist. Some people have also suggested that lawyers who need to enter the court for reasons other than performing their duties should still undergo security checks. This itself is actually the proper meaning of the relevant regulations.
In 2016, the Supreme People's Court revised the "People's Court Court Rules", which once again clarified that prosecutors and lawyers holding valid work certificates and court appearance notices to perform their duties can enter the court through special channels; if security inspection is required, the People's Court will impose restrictions on prosecutors and lawyers. Lawyers are treated equally. Courts in various places have also successively issued corresponding detailed rules.
It can be seen that the change in whether lawyers need to undergo security checks when entering the court is indeed regarded as a sign of whether lawyers enjoy equal litigation status. Simply put, under normal circumstances, lawyers and prosecutors can enter the court by showing their credentials. If security inspection is required under special circumstances, lawyers and prosecutors must also be treated equally.
In practice, when lawyers enter a court, they only need to present a valid ID and can enter the court through the lawyer's special channel without going through security check. For courts or tribunals that do not have a special lawyer's channel, they also only need to show a valid ID and do not need to undergo security check. However, it should be noted that lawyers who need to enter the court for reasons other than performing their duties, such as lawyers who simply participate in auditing, do not fall within the scope of lawyers who do not need to undergo security inspections according to relevant regulations. For such lawyers, if security personnel require security inspections, You should still undergo security checks in accordance with the law before entering the court. In addition, for some cases that have special requirements for security work, if the court requires both prosecutors and lawyers to undergo security checks, the lawyers should also undergo security checks in accordance with the law.