Agency fees were deemed stolen money [public security investigation stage]

In recent years, there have been an increasing number of incidents in which public security organs have investigated or even seized law firm contracts and accounts on the grounds that lawyer fees were stolen money involved in the case. This behavior has attracted great attention from the legal profession and all sectors of society.

The "Criminal Procedure Law of the People's Republic of China" and related laws give the investigation agencies the power to freeze the property involved in the case of criminal suspects. Article 144 of the Criminal Procedure Law of the People's Republic of China stipulates:

The People's Procuratorate and public security organs may, based on the needs of investigating crimes , inquire and freeze criminal suspects' deposits, remittances, bonds , stocks, fund shares and other properties in accordance with regulations. Relevant units and individuals should cooperate.

According to the above-mentioned legal provisions, the case-handling agency's "search, seizure and freezing" of the property involved in the case only targets the property involved in the suspected trafficker. Lawyers are legal workers who practice law. Lawyer fees are reasonable consideration for lawyers to provide legal services to criminal suspects. They are paid based on the entrustment contract between the suspect or his family and the law firm. This is different from the nature of criminal cases. civil action.

After receiving the legal fees, the law firm will provide legal services to the criminal suspect. The legal fees collected by the law firm are legal property. If the public security organ directly deducts the lawyer's fees, it is equivalent to using public power to directly terminate the entrustment contract between the law firm and the suspect.

The legal fees of all criminal defense lawyers are paid by the suspects or their close relatives. The public security organs frequently investigate and seize the accounts of law firms on the grounds that "lawyer fees are suspected of being stolen money". This is illegal and unreasonable. It is recommended that law firms and lawyers firmly refuse. Protect your own legitimate rights and interests through rights protection through the Lawyers Association.