Things to note when handling gang-related cases [court trial stage]

After the promulgation of the "Regulations on Certain Issues Concerning the Strict Exclusion of Illegal Evidence in the Handling of Criminal Cases" , a large number of gang-related and evil-related cases were filed for investigation and gradually entered the trial stage. At this stage, more and more lawyers are accepting entrustments from the families of criminal suspects and participating in the defense of gang-related and evil cases.

The special campaign against gangs and evil is a governance move to "ensure that the people live and work in peace and contentment, society is stable and orderly, and the country enjoys long-term peace and stability." Since such cases often have great social impact, attract high public attention, and are enthusiastically reported by the media, defense lawyers for criminal suspects will become the object of special attention. Lawyers' practice risks and rights have also become issues of special concern to the lawyer industry. Article 32 of the "Regulations on Several Issues Concerning the Strict Exclusion of Illegal Evidence in the Handling of Criminal Cases" clearly stipulates:

  • Judicial administrative organs should strengthen the guidance and supervision of lawyers' defense agency work in handling criminal cases involving organized crime, and guide law firms to establish and improve a system for requesting instructions, reporting, collective research, and inspection and supervision for lawyers handling cases involving criminal underworld. The case-handling agency shall ensure lawyers' various litigation rights and representation duties in accordance with the law and provide convenience to prevent defense lawyers from hindering the performance of their duties in accordance with the law and affecting the handling of cases.
  • When a criminal case involving criminal forces is tried in court, the people's court shall notify the judicial administrative agency with supervisory and administrative authority over the defense lawyer's firm to send personnel to observe the case.
  • For lawyers who violate meeting regulations; create public pressure, attack and slander judicial organs and judicial systems, and interfere with the normal conduct of litigation activities by organizing groups, co-signing, publishing open letters, organizing online gatherings, expressing support, etc., or in the name of case studies, Instigating, instigating and organizing parties or other persons to sit in at judicial organs or other state organs, holding placards, banners, shouting slogans, etc., disrupting public order and endangering public security; violating regulations to disclose or disseminate information about cases that are not open to the public , materials, or important information and evidence materials related to the case that I or other lawyers learned during the handling of the case, the judicial administrative organs shall impose penalties in accordance with relevant regulations. If a crime is constituted, criminal liability shall be pursued in accordance with the law. For violations of laws and regulations in lawyers' defense and agency activities, relevant case-handling agencies should pay attention to collecting fixed evidence and make judicial suggestions.
FasterLawyer hereby recommends that everyone should abide by the law and be cautious in their words and deeds when handling gang-related, evil-related and major sensitive cases. Before the case is heard and decided, specific information about the case may not be uploaded to the Internet without authorization, and the case may not be distorted or falsely promoted. Since most gang-related crimes are organized gang crimes, their leaders and organizers often have certain financial strength. In order to avoid criminal liability, lawyers may be required to induce their associates to take responsibility on their behalf. When exercising the right to investigate and collect evidence, lawyers must not only not intentionally falsify evidence, but also pay attention to the authenticity of evidence provided by others to prevent being found to have intentionally provided false evidence. Lawyers should pay attention to their words and deeds, and do not violate regulations when meeting judges, prosecutors and relevant staff when handling gang-related crimes. If you are friends with the judge, prosecutor and other relevant case handlers, you should avoid discussing the specific circumstances of the case you are handling when meeting in non-working places and non-working hours, otherwise you will run the risk of violating the rules.
Back to blog