"Standards for Lawyers Handling Criminal Cases (2000)"

Standards for Lawyers Handling Criminal Cases (2000), in order to ensure and guide lawyers to perform their duties in accordance with the law when participating in criminal proceedings , in accordance with the Criminal Procedure Law of the People's Republic of China , the Lawyers Law of the People's Republic of China and the Supreme People's Court and the Supreme People's Procuratorate , the Provisions of the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice, and the Legislative Affairs Committee of the Standing Committee of the National People's Congress on Certain Issues in the Implementation of the Criminal Procedure Law (hereinafter referred to as the "Regulations of the Six Central Departments"), formulated based on the practical experience of lawyers in handling criminal cases. this specification.

Chapter 1 General Provisions

Article 1 In order to ensure and guide lawyers to perform their duties in accordance with the law when participating in criminal proceedings, in accordance with the Criminal Procedure Law of the People's Republic of China , the Lawyers Law of the People's Republic of China and the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of National Security , the Ministry of Justice, and the Legislative Affairs Committee of the Standing Committee of the National People's Congress on Several Issues in the Implementation of the Criminal Procedure Law (hereinafter referred to as the "Regulations of the Six Central Departments"), this specification is formulated based on the practical experience of lawyers in handling criminal cases.
Article 2: Lawyers perform defense and representation duties in criminal proceedings in accordance with the law, and their personal rights and litigation rights shall not be infringed.
Article 3: When undertaking criminal litigation business, lawyers must abide by national laws and regulations, adhere to the principle of taking facts as the basis and the law as the criterion, and abide by lawyers' professional ethics and practice disciplines.
Article 4 Lawyers participating in criminal proceedings must adhere to the principle of safeguarding the legitimate rights and interests of their clients in accordance with the law and the correct implementation of the law, be loyal to their duties, be conscientious and responsible, and must not damage the legitimate rights and interests of their clients.
Article 5: Lawyers serve as defenders or provide legal assistance to criminal suspects, conduct litigation activities independently in accordance with the law, and are not restricted by the will of the client.
Article 6: Lawyers handling criminal cases shall keep state secrets, the business secrets of the parties and the privacy of the client.
Article 7 Lawyers shall not accept the commission of more than two criminal suspects or defendants in the same case to participate in criminal proceedings.
Article 8 Lawyers may not accept cases or charge fees without permission.
Article 9 When a lawyer undertakes criminal litigation, he or she may entrust a lawyer from another place to investigate and collect evidence on his or her behalf, or he may request a lawyer from another place to assist in meeting with the criminal suspect or defendant. Out-of-town lawyers should be supportive.

Chapter 2 Acceptance and Closing of Cases

  • Section 1 Case Collection
Article 10 A law firm may accept entrustment from criminal suspects or defendants, or their legal representatives, relatives, or persons entrusted by criminal suspects or defendants, or may accept the designation of the people's court to assign lawyers to criminal suspects or defendants. The defendant provides legal assistance or serves as a defender; may accept entrustments from victims and their legal representatives or close relatives, parties to incidental civil lawsuits and their legal representatives, private prosecutors in private prosecution cases and their legal representatives, and assign lawyers to act as litigation agents person; may accept the entrustment of the parties to a criminal case, their legal representatives, and close relatives, and appoint a lawyer to serve as the agent in the appeal case; may accept the entrustment of the person who is not being prosecuted, his legal agent, and close relatives, and appoint a lawyer to appeal on his behalf; After the public security organs and the People's Procuratorate decide not to file a case or withdraw the case, they may accept the entrustment of the victim, his legal representative, and close relatives and assign a lawyer to appeal or prosecute on his behalf.
Law firms should try their best to meet the client's request for appointment by name.
Article 11 When a lawyer accepts a case, he shall handle the entrustment procedures according to the following circumstances:
(1) Providing legal assistance to criminal suspects must begin after the first interrogation by the investigative agency or from the date when compulsory measures are taken;
(2) Serving as a defender must be after the criminal suspect has been reviewed and prosecuted by the People's Procuratorate or the defendant has been prosecuted;
(3) Serving as a litigation agent for a victim in a public prosecution case or a party to an incidental civil lawsuit must begin from the date the case is transferred for review and prosecution;
(4) Litigation agents who serve as private prosecutors in private prosecution cases, parties to incidental civil litigation and their legal representatives may accept entrustment at any time;
(5) Serving as a defender or litigation agent in the second instance must be after the first instance judgment is announced;
(6) Acting as an agent in a complaint case must be made after the judgment or ruling of the People's Court becomes legally effective, or after the decision of the public security organ or the People's Procuratorate to withdraw the case or not to prosecute;
(7) For cases involving state secrets, if you hire a lawyer during the investigation stage, you must obtain the approval of the investigation agency;
(8) If a relative or other person of the criminal suspect or defendant entrusts an entrustment on his or her behalf, the criminal suspect or defendant must obtain confirmation during the interview.
Article 12 When a lawyer accepts a criminal case, he shall handle the entrustment procedures separately at the stages of investigation, review and prosecution, first instance, second instance, and appeal; he may also sign an entrustment agreement in one go, but he shall sign a power of attorney in stages.
Article 13 When a lawyer accepts a case, he must go through the following procedures:
(1) The law firm and the client sign the "Entrustment Agreement" in duplicate, one copy is given to the client, and the other copy is kept by the law firm;
(2) The client signs the "Power of Attorney" in triplicate, one copy is submitted to the case-handling agency, one copy is archived by the attorney in charge, and one copy is kept by the client;
(3) Issue a letter of introduction to the law firm and submit it to the case handling agency by the lawyer.
Article 14 After accepting the entrustment, a law firm shall register the case and establish a file after numbering.
Article 15: For parties who need to provide legal aid, the law firm may assign a lawyer to handle the case, but the entrustment procedures must be completed in accordance with the provisions of Articles 12 and 13 of these regulations.
Article 16 After accepting the entrustment, a lawyer shall not refuse to defend or represent the client without justifiable reasons. However, if the entrusted matter is illegal and the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, or the client makes other unreasonable demands that prevent the lawyer from performing his duties normally, the lawyer has the right to refuse defense or representation.
If a lawyer terminates the client relationship due to the above reasons, he must obtain the consent of the director of the law firm or the person in charge authorized by the director and record it in the file.
  • Section 2 Case Closed
Article 17 When a lawyer handles a criminal case and concludes it, he should write a summary of the case and organize the case files and file them.
Article 18: If the client relationship is terminated early during case handling, the lawyer shall write a summary of the case handling, explain the reasons, attach relevant procedures, and organize and file the case files.

Chapter 3 During the Investigation Stage

  • Section 1 Accepting the Commission

Article 19 During the investigation stage, after the first interrogation of the criminal suspect by the public security organs, the People’s Procuratorate and other statutory organs conducting investigations (hereinafter referred to as the “investigation agencies”) or from the date when compulsory measures are taken, the law firm may accept criminal suspects or their relatives, or other persons entrusted by the criminal suspect, to assign lawyers to provide legal consultation to the criminal suspect and represent them in appeals and accusations. If a criminal suspect is detained, he may apply for release on bail pending trial. When a law firm handles entrustment procedures with criminal suspects or their relatives and friends, please refer to Article 13 of these Regulations.

  • Section 2: Contact the Investigating Agency
Article 20 After accepting the entrustment, the handling lawyer shall promptly contact the investigative agency, submit a "Power of Attorney", a letter of introduction from the law firm, and present a lawyer's practicing certificate.
Article 21: The handling lawyer shall learn from the investigation agency about the crimes suspected of the criminal suspect, and promptly make specific requests to meet with the criminal suspect.
  • Section 3 Meeting with the Criminal Suspect

Article 22 Lawyers may meet with criminal suspects who are not in custody at their residence, work unit or law firm. No one else should be present during the meeting.

If the criminal suspect is a minor or a blind, deaf or mute person, his legal representative or close relative should be present when the lawyer meets with him.

Article 23 Lawyers do not need approval to meet criminal suspects who are under residential surveillance.
Article 24: For cases that do not involve state secrets, if a lawyer proposes to meet with a criminal suspect in custody, approval is not required. Lawyers have the right to request the investigation agency to arrange an interview within 48 hours or within five days in accordance with the "Regulations of the Six Central Departments". The investigation agency may send personnel to be present based on the circumstances and needs of the case. If the investigation agency fails to arrange interviews in accordance with the law, lawyers have the right to report it to the relevant departments and request correction.
Article 25: In cases involving state secrets, when lawyers meet with criminal suspects in custody, they should submit a written application to the investigative agency and obtain approval. If the investigative agency disapproves the interview, the lawyer may require it to issue a written decision. If the case does not involve state secrets or the nature of the case itself involves state secrets, the lawyer can file a reconsideration or report it to the relevant department.
Article 26 When meeting with a criminal suspect in custody, a lawyer shall bring the following certificates and documents:
(1) A special introduction letter issued by the law firm for meeting the criminal suspect;
(2) The lawyer’s lawyer’s practicing certificate;
(3) "Power of Attorney" signed by the principal.
Article 27: When a lawyer meets with a criminal suspect in custody, he or she shall ask whether he or she agrees to hire the lawyer. If you agree, you should ask him to sign the "Power of Attorney" for hiring a lawyer; if you disagree, you should record it and ask him to sign for confirmation.
Article 28 When meeting with a criminal suspect, a lawyer may learn from him or her the circumstances of the case, including the following:
(1) The criminal suspect’s physical condition;
(2) Whether and how to participate in the alleged case;
(3) If guilty, state the main facts and circumstances involved in conviction and sentencing;
(4) If you believe you are innocent, state your defense of innocence;
(5) Whether the legal procedures for the compulsory measures taken are complete and whether the procedures are legal;
(6) Whether his or her personal rights and litigation rights have been violated after compulsory measures were taken;
(7) Other information that needs to be understood.
Article 29 When meeting with a criminal suspect, a lawyer shall abide by the relevant provisions of the prison in accordance with the law, and shall not deliver items or letters to the criminal suspect, shall not lend him communication tools, or shall engage in other activities that violate legal provisions.
Article 30: After completing the interview, the lawyer shall go through the criminal suspect handover procedures with the detention place.
Article 31 When a lawyer meets with a criminal suspect, he or she shall prepare a transcript of the interview and give it to the criminal suspect to read or read it to him. If there are omissions or errors in the records, the criminal suspect should be allowed to supplement or correct them. After the suspect is confirmed to be correct, he is asked to sign the transcript.
When lawyers meet with criminal suspects, they can record, videotape, take photos, etc., but they must obtain the criminal suspect's consent in advance.
If personnel from the investigative agency are present during the interview, this should be noted in the transcript.
Article 32: Lawyers may decide the time and frequency of interviews with criminal suspects in custody based on the circumstances and needs of the case, and request the investigation agency to make arrangements. Lawyers' interviews with criminal suspects are free from illegal interference.
  • Section 4 provides legal advice to criminal suspects
Article 33: Lawyers may provide legal advice to criminal suspects when meeting with them, including the following:
(1) Legal provisions regarding the conditions, duration, and application procedures of compulsory measures;
(2) Legal provisions regarding the recusal of investigators, prosecutors and judges;
(3) The criminal suspect has the obligation to answer truthfully the investigators’ questions and the right to refuse to answer questions that are irrelevant to the case;
(4) Criminal suspects have the right to write their own confessions, the right to check, supplement, correct, and add explanations to the interrogation transcripts produced by investigators, and the obligation to sign or seal after admitting that the transcripts are error-free;
(5) The criminal suspect has the right to be informed by the investigative agency of the identification conclusions used as evidence and the right to apply for supplementary identification or re-identification;
(6) The right of defense enjoyed by criminal suspects;
(7) The right of complaint and accusation enjoyed by criminal suspects;
(8) Relevant provisions of the criminal law regarding the crimes suspected of the criminal suspect;
(9) Criminal law provisions on surrender, meritorious service and other relevant provisions;
(10) Legal provisions regarding jurisdiction over the investigation of criminal cases;
(11) Other relevant legal issues.
  • Section 5 Application for bail pending trial for criminal suspects
Article 34: After a lawyer learns from the investigation agency about the suspect’s alleged crime and meets with the criminal suspect, if he believes that the detained criminal suspect meets the following conditions for release on bail pending trial, he may take the initiative to apply for release on bail pending trial:
(1) The circumstances of the case involved by the criminal suspect comply with the provisions of Article 51 of the Criminal Procedure Law;
(2) The criminal suspect suffers from a serious disease;
(3) The criminal suspect is pregnant or breastfeeding his or her own baby;
(4) The detention and arrest measures taken by the investigation agency against the criminal suspect have exceeded the legal limit;
(5) Other conditions for release on bail pending trial as stipulated by law.
Article 35: A criminal suspect in custody, his legal representative, and close relatives request a lawyer to apply for bail pending trial for the criminal suspect. If the lawyer believes that he meets the conditions for bail pending trial, he may apply for bail pending trial, or he may assist him directly to apply for bail pending trial. The investigative agency applied for bail pending trial.
Article 36: When applying for bail pending trial for a criminal suspect, a lawyer shall submit an application for bail pending trial to the relevant agency. The application should state the name of the law firm, lawyer's name, mailing address and contact method, application facts and reasons, guarantee method, etc.
Lawyers are not allowed to serve as guarantors for criminal suspects.
Article 37: After a lawyer files an application for release on bail pending trial for a detained criminal suspect, he may request the investigation agency to respond within seven days with approval or disapproval. For those who do not agree to be released on bail pending trial, the lawyer has the right to ask them to explain the reasons for their disagreement, and can file for reconsideration or report to the relevant departments.
  • Section 6 Agency Complaints and Accusations
Article 38 If a lawyer believes that there is a solid basis for the crime the criminal suspect is suspected of and the circumstances of the case that he has learned from the criminal suspect, he may accept the entrustment of the criminal suspect and file a complaint with the relevant authority on his behalf. Ask for correction.
Article 39: Based on the relevant case situation and other relevant evidence materials learned from the criminal suspect, the lawyer believes that the investigators violated legal provisions and infringed upon the criminal suspect's personal rights, litigation rights or other legitimate rights and interests in handling the case, or that the investigation If the agency has improper jurisdiction, it may be entrusted by the criminal suspect to file a complaint with the relevant department on its behalf.

Chapter 4 During the Review and Prosecution Stage

  • Section 1 Case Collection
Article 40: After a criminal case is transferred by the investigation agency to the People's Procuratorate for review and prosecution, a lawyer may accept the entrustment of the criminal suspect himself or his relatives and friends to serve as a defender. The relevant procedures for law firms to handle with criminal suspects or their relatives and friends refer to the provisions of Article 13 of these Regulations.
Article 41: After a criminal case is transferred by the investigative agency to the People's Procuratorate for review and prosecution, a lawyer may accept the entrustment of the victim, his legal representative or close relatives, or the parties to the incidental civil litigation, or his legal representatives, or close relatives to serve as litigation agents. The law firm handles the formalities with the client. See the provisions of Article 13 of this Code.
Article 42: After accepting the entrustment, a lawyer shall issue a letter of introduction to the law firm and submit it together with the power of attorney to the People's Procuratorate.
  • Section 2: Review, excerpt, and copy case-related materials
Article 43: Lawyers holding a letter of introduction from a law firm, a power of attorney, and a lawyer's practicing certificate have the right to go to the People's Procuratorate to review, excerpt, and copy the litigation documents and technical appraisal materials of the case. Litigation documents include case filing decisions, detention warrants, arrest approval decisions, arrest decisions, arrest warrants, search warrants, prosecution opinions and other documents; technical identification materials include forensic identification, forensic psychiatric identification, physical evidence technical identification and other identification documents . The accuracy and completeness should be ensured when excerpting and copying.
Article 44: Materials excerpted and copied by lawyers shall be kept confidential and properly kept.
  • Section 3 Meetings and Correspondence
Article 45: During the review and prosecution stage, defense lawyers do not need to obtain the approval of the procuratorial organ when meeting criminal suspects, and the procuratorial organ should not send personnel to be present during the meeting. For other matters concerning the interview, please refer to the relevant provisions of Section 3 of Chapter 3 of these Regulations.
Article 46 When a defense lawyer communicates with a criminal suspect, the lawyer's identity and correspondence address should be indicated, and the official seal of the law firm should be affixed to prove his lawyer's identity. The content of the communication should be limited to issues related to the case, and to understand the suspect's situation in custody and his opinions on the case.
Article 47: Defense lawyers may communicate with criminal suspects, but the contents shall not mention to the criminal suspect any information about the criminal suspects in the same crime and their relatives and friends that may hinder the investigation.
Article 48 When a defense lawyer communicates with a criminal suspect, a copy of the letter and the original letter from the criminal suspect shall be retained and attached to the file for reference.
  • Section 4: Investigating and collecting case-related materials
Article 49: When a lawyer investigates and collects materials related to a case, he or she shall present a letter of introduction from the law firm and a lawyer's practicing certificate. Generally, it shall be conducted by two people.
Article 50: With the consent of the victim, a defense lawyer may collect case-related materials from the victim or his close relatives or witnesses provided by the victim, but a written application must be submitted to the People's Procuratorate in advance and consent must be obtained.
Article 51: Lawyers may collect case-related materials from witnesses or other units and individuals, but they must obtain their consent in advance and record it in the investigation record.
Article 52: A lawyer's investigation transcript shall state the names of the investigator, the person under investigation, and the recorder, the time and place of the investigation; the transcript shall include an introduction to the lawyer's identity, basic information about the person under investigation, and the lawyer's truthful testimony to the witness. requirements, an explanation of the legal liability for committing perjury or concealing criminal evidence, and the basic situation of the matter under investigation.
Article 53 When lawyers collect physical evidence, documentary evidence and audio-visual materials, they should extract the originals; if it is impossible to extract the originals, they can copy, photograph or videotape them, but the copies, photos or videos should be accompanied by a certificate from the evidence provider.
Article 54: Lawyers may make audio or video recordings when investigating and collecting case materials. Audio or video recording of the person under investigation must be done with the consent of the person under investigation.
Article 55: When excerpting or copying relevant materials, lawyers must be faithful to the truth and must not forge, alter, or quote out of context.
Article 56: When a lawyer investigates and collects evidence materials, he or she may invite relevant personnel to witness the case and sign the investigation transcript if necessary.
Article 57: When lawyers prepare investigation transcripts, they shall comprehensively and accurately record the contents of the investigation, and they must be checked by or read to the person under investigation. If the person under investigation makes any modifications or additions, he or she shall sign, seal or confirm the modification with his or her fingerprint. After the investigation transcript has been verified by the person under investigation, he or she shall sign on each page and sign at the end of the transcript to record the correct opinions.
Article 58: During the review and prosecution stage, if the defense lawyer deems it necessary, he may apply to the People's Procuratorate to collect and obtain evidence.
  • Section 5: Put forward defense or representation opinions
Article 59: Lawyers serving as defenders or agents ad litem shall submit defense and representation opinions on the case to the People's Procuratorate in accordance with the provisions of Article 139 of the Criminal Procedure Law.
Article 60: If a criminal suspect is detained for an extended period during the review and prosecution stage, the defense lawyer has the right to request that the criminal suspect be released in accordance with the law or that the compulsory measures be changed and that the criminal suspect be released on bail pending trial. If a criminal suspect's personal rights are violated or his personality is insulted, the defense lawyer has the right to file a complaint on behalf of the criminal suspect.
Article 61: If the People's Procuratorate makes a decision not to prosecute and the person not prosecuted refuses to accept the request and appeals, the defense lawyer may appeal to the People's Procuratorate on behalf of the person not to be prosecuted after receiving the decision letter.
Article 62: If the People's Procuratorate makes a decision not to prosecute and the victim refuses to accept it, the attorney may appeal on his behalf to the People's Procuratorate at the next higher level within seven days after the victim receives the decision. After the appeal is rejected, the person may be sued in the People's Court on his behalf, or he may be directly sued in the People's Court on his behalf without appeal. If an agent files a lawsuit in the People's Court, the entrustment formalities should be handled in accordance with the private prosecution procedures.

Chapter 5: Responsible for Public Prosecution Cases

  • Section 1 Case Collection
Article 63: A law firm may accept the entrustment of the defendant or his relatives and friends and assign a lawyer to serve as the defendant's defender. When a law firm handles entrustment procedures with a client, it shall refer to the provisions of Article 13 of these Regulations.
Article 64: A law firm may accept the designation of the People's Court and assign lawyers to defend defendants. The entrustment procedures between the law firm and the client shall be carried out in accordance with the provisions of Article 13 of these Regulations.
  • Section 2 Review Jurisdiction
Article 65: After accepting the entrustment, a lawyer shall pay attention to examine whether the case falls under the jurisdiction of the court receiving the case. If it is discovered that the court has improper jurisdiction or the investigative agency has improper jurisdiction, it should promptly submit a written request to the court to request the dismissal or transfer of the case.
  • Section 3: Review, excerpt, and copy case materials
Article 66: Lawyers have the right to go to the People's Court to review, excerpt, and copy case materials.
Article 67: Lawyers should carefully review case materials and understand and analyze the facts of the case. Case materials shall include the indictment, evidence catalog, witness list and copies or photos of the main evidence. If the above materials are lacking, the lawyer may apply to the People's Court to notify the People's Procuratorate to supplement them.
Article 68: When a lawyer in the trial stage deems it necessary, he or she may learn about the relevant circumstances of the case from the lawyer in charge of the investigation, review and prosecution stage, and request relevant materials. The lawyer in the investigation, review and prosecution stage shall cooperate.
Article 69: When a lawyer consults, excerpts, or copies case materials, he or she shall record the time and place where the case materials were consulted, excerpted, or copied, and shall indicate the number of pages in the case file, the time and place when the evidence materials were formed, and the person who produced the evidence.
Article 70 When reviewing case materials, lawyers should focus on understanding the following matters:
(1) The defendant’s natural condition;
(2) The time, place, motive, purpose, means, consequences of the crime the defendant is accused of, and other statutory and discretionary circumstances that may affect conviction and sentencing;
(3) Facts and materials proving that the defendant is innocent or guilty;
(4) The physical conditions of witnesses, appraisers, and producers of inspection records;
(5) Basic information about the victim;
(6) Whether the various legal procedures and litigation documents in the investigation, review and prosecution stages are legal and complete;
(7) The source of technical appraisal materials, whether the appraiser has appraisal qualifications, appraisal conclusions and their reasons, etc.;
(8) Relevant information about the co-defendants;
(9) The objectivity, relevance and legality of the relevant evidence, as well as the contradictions and doubts between the evidence and the evidence itself;
(10) Whether the relevant evidence can prove the criminal facts and circumstances charged in the indictment, and whether there are any contradictions or doubts;
(11) Other materials related to the case.
Article 71 For matters that lawyers should pay attention to when reviewing files, please refer to the relevant provisions of Section 2 of Chapter 4 of these Codes.
  • Section 4 Meeting with the Defendant
Article 72: When a lawyer meets with a defendant in custody, he or she shall bring a copy of the indictment from the People's Procuratorate, a power of attorney, a law firm's special certificate for meeting the defendant, and a lawyer's practicing certificate.
Article 73: When a lawyer meets with a defendant, he or she shall prepare an outline for the meeting in advance. During the interview, the defendant’s statement and defense should be carefully listened to, and contradictions and doubts in the case facts and evidence materials should be discovered, verified, and clarified, focusing on the following situations:
(1) The identity of the defendant and the time when the indictment was received;
(2) Whether the defendant admits to the charges charged in the indictment;
(3) Whether the facts, circumstances, motives, and purposes of the accusation are clear and accurate;
(4) Whether there are aggravating circumstances charged in the indictment;
(5) The defendant’s reasons for pleading not guilty;
(6) Are there any facts, circumstances and clues that lead to leniency, mitigation or exemption from punishment;
(7) Whether there has been meritorious service;
(8) Whether there is extended detention and whether legitimate rights and interests have been harmed.
Article 74: Lawyers shall introduce the court trial procedures to the defendant and inform the defendant of the litigation rights and obligations and matters that should be paid attention to during the court trial.
Article 75 For other matters regarding lawyers’ meetings with defendants, please refer to the relevant provisions of Section 3 of Chapter 3 of these Codes.
  • Section 5 Investigation and Collection of Evidence
Article 76: During the trial stage, lawyers may investigate and collect evidence and materials related to the case in accordance with the actual situation and in accordance with the law.
Article 77: If a lawyer investigates and collects evidence from a witness and the witness does not agree to testify, the lawyer may apply to the People's Court to notify him to appear in court to testify.
Article 78: Lawyers may apply to the people's court to collect and obtain evidence based on the needs of the case. Lawyers may participate when the People's Court collects and obtains evidence.
Article 79 Before the trial, the lawyer should make copies of the evidence materials collected and submit the originals to the court when presenting evidence.
Article 80 For specific methods for lawyers to investigate and collect evidence, please refer to the relevant provisions of Chapter 4, Section 4.
  • Section 6 Preparing for Court
Article 81 If a lawyer applies to the people's court to notify witnesses, appraisers, or producers of inspection and inspection records to appear in court to testify, he shall make a list of the above-mentioned persons, indicate their identities, addresses, correspondence offices, etc., and explain the facts to be proved. Before the trial, Submit it to the People's Court.
Article 82: The evidence that the lawyer intends to read out and present in court shall make a catalog and explain the facts to be proved, and submit it to the People's Court before the hearing.
Article 83 After receiving the court hearing notice, a lawyer shall appear in court on time. If he is unable to appear in court due to any of the following circumstances, he shall contact the court in a timely manner and apply for an extension of the hearing:
(1) A lawyer receives two or more court hearing notices and can only attend one of them on time;
(2) Before the trial, the lawyer discovers important evidence clues and needs to further investigate and collect evidence or apply for new witnesses to appear in court to testify;
(3) The lawyer is unable to appear in court on time due to objective reasons.
Article 84: If a lawyer applies to postpone the hearing but is not approved, and is indeed unable to appear in court, he should negotiate with the client to properly resolve the matter.
Article 85: If a lawyer receives a notice of appearance only three days before the hearing, he has the right to request the court to change the date of the hearing.
Article 86 Before the trial, lawyers should learn from the court about the notification of witnesses, appraisers, and producers of inspection and inspection records to appear in court to testify. If any situation is discovered that has not been notified or notified, it should be resolved through consultation with the court in a timely manner.
Article 87: Lawyers should understand the situation of the public prosecutor and the personnel of the court, and assist the defendant to determine whether there is a reason to apply for recusal and whether to file an application for recusal.
  • Section 7 Court Investigation
Article 88: Lawyers shall abide by court rules and court order when appearing in court, and obey court instructions.
Article 89: If multiple lawyers appear in court in a case involving two or more defendants, the defense lawyers shall take their seats in the order in which they accuse the defendants.
Article 90: After the presiding judge declares the defendant's litigation rights, the lawyer may accept the defendant's entrustment, apply for the recusal of the members of the collegial panel, the clerk, the public prosecutor, the appraiser and the translator, and provide relevant evidence.
Article 91: If the court makes mistakes in verifying the defendant's age, identity, or previous misdeeds, etc., which may affect the outcome of the case, the lawyer should carefully record it and clarify it during the court investigation.
Article 92 During the court investigation process, lawyers should carefully listen to and ask questions about the defendant and be prepared to ask questions.
Article 93: After the public prosecutor interrogates and the victim and his attorney question the defendant, the defense lawyer may ask the defendant questions with the permission of the presiding judge. If the defendant does not admit to the alleged crime, he should inquire about the circumstances and reasons.
Article 94: If the public prosecutor raises threatening, inducing or irrelevant issues to the defendant, the defense lawyer has the right to raise objections. If the court rejects the objection, the court's decision shall be respected.
Article 95: If the public prosecutor raises objections to the lawyer's questions, the lawyer may argue. If the court supports the prosecutor's objection, the lawyer should respect the court's decision and change the content or method of questioning.
Article 96: For witnesses appearing in court for the prosecution, attention should be paid to cross-examination from the following aspects:
(1) The relationship between the witness and the facts of the case;
(2) The relationship between the witness and the defendant or victim;
(3) The relationship between testimony and other evidence;
(4) The content and source of the testimony;
(5) The environment, conditions and mental state of the witness when he perceived the facts of the case;
(6) Witness’s perception, memory and expression ability;
(7) Whether the witness’s testimony was interfered with or influenced by the outside world;
(8) The age of the witness and whether he or she is physically or mentally deficient;
(9) Whether the testimony is inconsistent before and after.
The defense lawyer should consider the above aspects, express opinions on the credibility of the witness's testimony in a timely manner and explain the reasons. If there is any objection, he should start a debate with the prosecution.
If the public prosecution agency proposes a witness who is not on the witness list to testify, the defense lawyer has the right to suggest that the court should not accept the case or request the court to postpone the trial.
Article 97: Regarding the experts and appraisal conclusions appearing in court, attention should be paid to cross-examination from the following aspects:
(1) The relationship between the appraiser and the case;
(2) The relationship between the appraiser and the defendant or victim;
(3) Qualifications of the appraiser;
(4) Whether the appraiser has been interfered with or influenced by the outside world;
(5) The basis and materials for identification;
(6) Equipment and methods for identification;
(7) The relationship between the appraisal conclusion and other evidence;
(8) Whether the identification conclusion has scientific basis.
The defense lawyer should take into account the above aspects, express opinions on the credibility of the identification conclusion in a timely manner and explain the reasons. If there is any objection, the defense lawyer should start a debate with the prosecution.
Article 98: Regarding the physical evidence presented by the prosecution, attention should be paid to cross-examination from the following aspects:
(1) The authenticity of the physical evidence;
(2) The connection between the physical evidence and the case;
(3) The connection between physical evidence and other evidence;
(4) Issues to be proved by physical evidence;
(5) Whether the procedures for obtaining physical evidence are legal.
The defense lawyer should consider the above aspects, express opinions on the credibility of the physical evidence in a timely manner and explain the reasons. If there is any objection, he should start a debate with the prosecution.
If the prosecutor presents physical evidence that is not in the evidence list, the defense lawyer has the right to suggest that the court should not accept it or request the court to postpone the trial.
Article 99: Regarding the documentary evidence produced by the prosecution, attention should be paid to cross-examination from the following aspects:
(1) The source of the documentary evidence and whether it is the original;
(2) The authenticity of documentary evidence;
(3) The connection between the documentary evidence and the case;
(4) The connection between documentary evidence and other evidence;
(5) The content of the documentary evidence and the issues to be proved;
(6) Whether the procedure for obtaining documentary evidence is legal.
The defense lawyer should consider the above aspects, express opinions on the credibility of the documentary evidence in a timely manner and explain the reasons. If there is any objection, he should start a debate with the prosecution.
For documentary evidence that is not included in the evidence list presented by the prosecution, the defense lawyer has the right to suggest that the court should not accept it or ask the court to postpone the trial.
Article 100: Regarding the written testimony of a witness who did not appear in court read out by the prosecution, attention should be paid to cross-examination from the following aspects:
(1) The reasons why the witness cannot appear in court to testify and the impact on the case;
(2) Whether the form and source of the witness's testimony are legal, and whether the content is complete and accurate;
(3) Relevant aspects stipulated in Article 95 of this Code.
The defense lawyer should take into account the above aspects, promptly express opinions on the credibility of the testimony of the witness who did not appear in court and explain the reasons. If there is any objection, he should start a debate with the prosecution. When necessary, the authority has the right to recommend that the court not accept the case or request the court to postpone the hearing, and notify witnesses to appear in court to testify.
When the prosecution reads witness testimony that is not in the evidence list, the defense lawyer has the right to suggest that the court should not accept it or request the court to postpone the trial, and notify the witness to appear in court to testify. Ask the court to postpone the trial and notify witnesses to appear in court to testify.
Article 101: Regarding the appraisal conclusion read out by the prosecution, attention should be paid to cross-examination from the following aspects:
(1) The reasons why the appraiser cannot appear in court and the impact on the case;
(2) Whether the form and source of the appraisal conclusion are legal, and whether the content is complete and accurate;
(3) Other relevant aspects specified in Article 97 of this Code.
The defense lawyer should take into account the above aspects, express opinions on the credibility of the identification conclusion in a timely manner and explain the reasons. If there is any objection, the defense lawyer should start a debate with the prosecution. When necessary, the defense lawyer has the right to suggest that the court should not accept the case or request the court to postpone the trial, notify the appraiser to appear in court for cross-examination, or apply to the People's Court for supplementary appraisal or re-authentication.
When the prosecution reads out the identification conclusions other than the evidence catalog, the defense lawyer has the right to suggest that the court should not accept the evidence or request the court to postpone the trial, notify the expert to appear in court for cross-examination, or apply to the People's Court for supplementary identification or re-identification.
Article 102: The audio-visual materials provided and played by the complaining party shall be cross-examined from the following aspects:
(1) The formation, time, place and surrounding environment of audio-visual materials;
(2) Whether the procedures for collecting audio-visual materials are legal;
(3) Equipment for playing audio-visual materials;
(4) The content of the audio-visual materials and the issues to be proved;
(5) Whether the audio-visual materials are forged or altered;
(6) Connection with other evidence.
After the audio-visual materials are played, if the defense lawyer finds through cross-examination in the above aspects that the materials are untrue, or have nothing to do with the case, or that the contents are not voluntarily done by the defendant, etc., they should put forward suggestions and reasons for not accepting them, and the prosecution and defense will Both sides can debate this, and defense lawyers have the right to request court investigation and verification.
If the prosecution provides audio-visual materials that are not in the evidence list, the defense lawyer has the right to suggest that the court should not accept them or request a postponement of the trial.
Article 103: After the prosecution has finished presenting its evidence, the defense lawyer shall apply to the court to present its own evidence.
Article 104 When the defense lawyer presents evidence, he shall explain to the court the form, content, source of the evidence and the issues to be proved, and pay special attention to the following aspects:
(1) The legality of the sources of physical evidence, documentary evidence, and audio-visual materials;
(2) The legality of the procedures for obtaining witness testimony, defendant’s statements, and appraisal conclusions;
(3) The authenticity of the evidence content;
(4) The connection between the evidence and the case and the evidence.
If the prosecution raises objections to the side's evidence, the defense lawyer should conduct a targeted argument to maintain the credibility of the side's evidence.
Article 105: During the course of court investigation activities, the defense lawyer may request the People's Court to obtain from the People's Procuratorate evidence and materials collected by it that can prove the defendant's innocence or minor crime.
Article 106: During the court hearing, the defense lawyer has the right to apply for notification of new witnesses to appear in court, to obtain new physical and documentary evidence, and to apply for re-identification or inspection.
Article 107: After the proof and cross-examination of each fact in the case are completed, the defense lawyer may issue a comprehensive opinion.
Article 108: If any court investigation activity does not comply with legal provisions or is not conducive to ascertaining the facts of the case, the defense lawyer may make suggestions or objections in accordance with the law.
  • Section 8 Court Debate

Article 109: During the court debate stage, defense lawyers should carefully listen to the prosecution opinions expressed by the prosecution, record the key points, and prepare for debate.

Article 110: After the prosecutor issues a complaint, with the permission of the presiding judge, the defense lawyer issues a defense opinion.
Article 111 The defense opinion should analyze and demonstrate the accusations made by the prosecutor from different aspects such as whether the facts are clear, whether the evidence is reliable and sufficient, whether the applicable law is accurate, and whether the proceedings are legal, and propose opinions on the conviction and sentencing of the case. Opinions and Reasons.
Article 112: The defendant’s innocence defense shall mainly focus on the following aspects:
(1) The evidence alleged by the prosecution is insufficient and the defendant cannot be found guilty;
(2) The evidence provided by the prosecution or defense can prove that the defendant is innocent according to the law:
1. The circumstances of the defendant’s behavior are obviously minor and the harm is not great, so it is not considered a crime;
2. The defendant’s behavior was legal;
3. The defendant did not commit the criminal act alleged by the prosecution;
(3) Other circumstances in which the defendant is found innocent according to law.
Article 113: When defending a defendant against guilt, emphasis should be placed on the characterization of the case and the lenient, reduced or exempted punishment for the defendant.
Article 114: A lawyer's defense should focus on issues related to conviction and sentencing, grasp the key points, highlight the key points, and not get entangled in side issues.
Article 115: The evidence and legal provisions cited by lawyers in expressing defense opinions must be clear, accurate, and verified.
Article 116: A lawyer's defense speech should have clear views, sufficient arguments, strong arguments, rigorous logic, accurate wording, and concise language.
Article 117: Defense lawyers should state their opinions and viewpoints to the court in the hope that they will be adopted, and should not target observers to flatter others.
Article 118: When expressing defense opinions, lawyers shall convince people with reason, respect the court and the other party, and shall not sarcastically, sarcastically, abuse or ridicule others.
Article 119: A lawyer's multiple defense speeches should avoid duplication, highlight the key points, and put forward new defense opinions in a timely manner in response to the prosecution's new issues and new viewpoints.
Article 120: If during the court debate and the defendant's final statement, the lawyer discovers new or missing facts or evidence that need to be verified, he may apply to resume the court investigation.
Article 121: During the court hearing, if the defendant refuses or changes his lawyer in court, the client relationship with him shall be terminated in accordance with the law.
During the court hearing, if a legal reason arises for a lawyer to refuse to defend, he may request an adjournment and terminate the entrustment procedure in accordance with the provisions of Article 16 of these Regulations.
Article 122: If during the trial it is discovered that the trial procedure is illegal, the lawyer shall point it out to the court and request correction.
  • Section 9: Work after the adjournment

Article 123 After the adjournment, the lawyer shall promptly handle the handover procedures with the court regarding the evidence presented and read out in court.

Article 124 : After the adjournment, the defense lawyer shall prepare the defense opinions as soon as possible. For evidence presented in court, lawyers should promptly complete the transfer procedures with the trial personnel after the adjournment.
Article 125: After the first instance judgment, the lawyer has the right to obtain the judgment. During the appeal, the lawyer may meet with the defendant to listen to his or her opinions on the content of the judgment and whether to appeal, and provide legal assistance.
Chapter Six: Serving as a Second-Instance Defender in Public Prosecution Cases
Article 126: When a lawyer handles a public prosecution case of second instance, the entrustment procedures are the same as those of first instance. When necessary, the second-instance lawyer may learn about the relevant circumstances of the case from the first-instance lawyer and request relevant materials, and the first-instance lawyer shall provide assistance.
Article 127: After accepting the entrustment, at the request of the defendant, the defense lawyer may assist or write an appeal on his or her behalf.
Article 128 The requirements for defense lawyers in the second instance to review files, meet with defendants, investigate and collect evidence, etc. are the same as those in the first instance.
Article 129: When a case of second instance is heard in court, the requirements for lawyers to participate in the trial are the same as those of the first instance.
Article 130: If a second- instance case is not heard in court, the lawyer shall submit written defense opinions to the court and may provide new evidence.
Article 131: If a lawyer believes that the facts in the first-instance judgment are unclear or the evidence is insufficient, he should request the second-instance court to hold a hearing.
Article 132: For a case that the court of second instance decides to remand for retrial, if the defendant continues to entrust a lawyer, he shall go through the entrustment procedures again.

Chapter 7: Serving as Public Prosecution Cases at the Trial Stage

Article 133 Lawyers may accept the entrustment of legal representatives of victims of public prosecution cases (including citizens, legal persons and other organizations), close relatives of deceased victims, and victims with incapacity or limited capacity, and serve as their litigation representatives. . For entrustment procedures, please refer to the provisions of Article 13 of these regulations.
Article 134: After accepting an entrustment, a lawyer shall provide legal advice and other legal assistance to the client.
Article 135: If the victim and the attorney in a public prosecution case receive a notice of appearance within three days before the hearing, the attorney has the right to request the court to change the date of the hearing.
If the court has decided to hold a trial without notifying the victim and his attorney to appear in court, the attorney has the right to request the court to notify the victim and his attorney in accordance with the law to ensure that the victim and his attorney appear in court.
Article 136: If an attorney is unable to appear in court on time for any reason after receiving the notice of court session, the provisions of Articles 83 and 84 of these Regulations shall be followed.
Article 137: Attorneys should check with the People's Court before the trial whether the case will be heard in public. If the case involves the privacy of the victim, you can request the People's Court not to hear the case in public.
Article 138: The attorney shall inform the victim of the right to apply for disqualification from the members of the collegial panel, the clerk, the public prosecutor, the appraiser and the translator, and assist the victim in exercising this right.
Article 139 During the court hearing, the attorney shall guide, assist or represent the client in exercising the following litigation rights in accordance with the law:
(1) State the facts of the case;
(2) Present and read out relevant evidence;
(3) Request the court to notify witnesses, appraisers and producers of inspection and inspection records who are not present in court to appear in court to testify;
(4) With the permission of the presiding judge, ask questions to the defendant, witnesses, appraisers, and producers of inquest and inspection records;
(5) Express opinions on various pieces of evidence;
(6) Object to the threatening, inducing or irrelevant questions asked by the defendant and his defender to the victim;
(7) Apply to notify new witnesses to appear in court, obtain new evidence, and apply for re-identification or inspection;
(8) If necessary, request the court to postpone the trial.
Article 140: During court proceedings, attorneys shall cooperate with the public prosecutor, perform prosecution functions in accordance with the law, and debate with the defendant and his defender. If the representation opinion is inconsistent with the prosecutor's opinion, the attorney should independently express the representation opinion based on the protection of the legitimate rights and interests of the victim, and may debate with the prosecutor.
Article 141: After the court is adjourned, the attorney shall inform the client to check the trial transcripts, supplement omissions or correct errors, and sign or seal after confirming that they are correct.
Article 142: If the victim and his legal representative are dissatisfied with the first-instance judgment, the attorney may assist or represent the client and request the People's Procuratorate to protest within five days after receiving the judgment.
Article 143: After a public prosecution case enters the second instance procedure, the lawyer's representation work shall be carried out in accordance with the relevant provisions of the first instance.

Chapter 8 Acting as a Party in Private Prosecution Cases

  • Section 1 Serving as the litigation agent of the private prosecutor
Article 144: Lawyers may accept the entrustment of private prosecutors and their legal representatives and serve as their litigation representatives. Before accepting the entrustment, you should review whether the case meets the legal scope of private prosecution cases and the conditions for filing the case. The entrustment procedures shall be handled in accordance with the provisions of Article 13 of these regulations.
Article 145: The attorney shall help the private prosecutor analyze the case, identify the defendant and the competent court, investigate and understand relevant facts and evidence, and write the criminal complaint on his behalf. The complaint should include the following main contents:
(1) The name, age, ethnicity, place of origin, place of birth, education level, occupation, work unit, address and other physical information of the private prosecutor and defendant;
(2) The defendant’s criminal facts, including the time, place, means, harmful consequences, etc. of the crime;
(3) The crime committed by the defendant’s behavior;
(4) Specific litigation claims;
(5) The name and time of filing the petition to the People’s Court;
(6) Witness’s name and address;
(7) Name, number, source, etc. of the evidence.
If there are two or more defendants, copies of the complaint should be provided according to the number of defendants.
Article 146: If a private prosecutor also demands civil compensation, the attorney may assist him in preparing a civil complaint attached to the criminal offense, stating the damage caused by the defendant's criminal behavior, the specific compensation request and the calculation basis. The accompanying civil litigation agent should go through the corresponding entrustment procedures.
Article 147 When a lawyer files a private prosecution on behalf of a lawyer, he or she shall bring the following materials and documents:
(1) Identity document of the private prosecutor;
(2) Criminal complaint;
(3) Evidence materials and catalogues;
(4) Letter of authorization;
(5) Letter of introduction from the law firm;
(6) Lawyer practicing certificate.
If an incidental civil lawsuit is filed at the same time, a criminal incidental civil complaint shall be submitted. If the civil part is sued separately, the accompanying civil complaint shall be submitted separately.
Article 148: After the people's court examines a private prosecution case and requires the private prosecutor to supplement evidence or withdraw the private prosecution, the lawyer shall assist the private prosecutor in supplementing evidence or negotiate with the private prosecutor whether to withdraw the private prosecution.
Article 149: If the People's Court refuses to file a private prosecution case, a lawyer may apply to the People's Court for reconsideration on behalf of the private prosecutor.
Article 150: If the People's Court decides to open a trial, the attorney shall make preparations before the trial. For evidence that you cannot obtain by yourself, you can apply to the People's Court to investigate and collect evidence in accordance with the law.
Article 151: In a criminal private prosecution case, if the defendant files a counterclaim, the attorney can accept the entrustment of the private prosecutor and serve as his counterclaim defender, but he should go through the corresponding entrustment procedures.
Article 152: The attorney shall inform the private prosecutor of the legal provisions regarding the hearing of private prosecution cases to avoid the legal consequences of the court automatically withdrawing the case due to the private prosecutor's refusal to appear in court or unauthorized withdrawal from the court midway. If the private prosecutor is unable to appoint an attorney to appear in court for some reason, the attorney shall appear in court on time to perform his duties.
Article 153: When a private prosecution case is heard in court, the attorney shall assist the private prosecutor to fully exercise his prosecution function and use evidence to prove that the private prosecutor's accusations are established.
Article 154: If a private prosecution case can be subject to summary procedures in accordance with the law, the attorney may request the people's court to apply summary procedures on behalf of the private prosecutor. If a private prosecution case should not be subject to summary procedures according to law, the attorney may represent the private prosecutor to raise objections to the court's decision to apply summary procedures.
Article 155: After the court debate in a private prosecution case ends, the attorney may participate in court mediation according to the authorization of the client.
Article 156: The attorney shall assist the private prosecutor in deciding whether to reconcile with the defendant or withdraw the private prosecution before the court pronounces its judgment.
Article 157: When an attorney handles a second-instance private prosecution case, the relevant provisions of this section shall be followed.

  • Section 2 Acts as defender for defendants in private prosecution cases
Article 158: Lawyers may accept the entrustment of defendants in private prosecution cases to serve as their defenders. For entrustment procedures, please refer to the provisions of Article 13 of these Regulations.
Article 159 When a lawyer serves as the defender of a defendant in a private prosecution case, he should pay attention to the following matters:
(1) The defendant in a private prosecution case has the right to file a counterclaim;
(2) If the private prosecutor fails to appear in court without justifiable reasons after two legal summonses or leaves the court midway without permission from the court, the case will be treated as withdrawn;
(3) Private prosecution cases can be mediated;
(4) The private prosecutor may reconcile with the defendant or withdraw the private prosecution.
Article 160: For a detained defendant in a private prosecution case, the defense lawyer may apply on his behalf for release on bail pending trial. For specific measures, please refer to the relevant provisions of Chapter 3, Section 5 of this Code.
Article 161: The activities of the defender of the defendant in a private prosecution case in the first instance, second instance and summary procedure shall be conducted with reference to the relevant provisions of Chapters 5, 6 and 10 of these Codes.

Chapter 9 Acting as a Party in Incidental Civil Litigation

  • Section 1 Acting as litigation agent for the plaintiff in incidental civil litigation

Article 162: Lawyers may accept the entrustment of victims in public prosecution cases, private prosecutors in private prosecution cases and their legal representatives, and serve as litigation agents in incidental civil litigation. Those who can authorize a lawyer to file an incidental civil lawsuit include victims (citizens, legal persons and other organizations) who have suffered material losses due to criminal acts, close relatives of deceased victims, and legal representatives of victims who have incapacity or limited capacity. For entrustment procedures, please refer to the provisions of Article 13 of these regulations.

Article 163 Before accepting an entrustment, a lawyer shall review the following contents:
(1) Whether the criminal lawsuit that is a prerequisite for filing an incidental civil lawsuit has been filed;
(2) Whether the defendant in the attached civil lawsuit meets the statutory conditions (defendants in the attached civil lawsuit include, in addition to the criminal defendant, other co-injurers who have not been held criminally responsible, and guardians of minor criminal defendants who have been detained). The heirs of the estate of a criminal who has been executed, the heirs of the estate of a defendant who died before the trial was concluded, units and individuals that should bear civil liability for compensation for the criminal behavior of a criminal defendant in accordance with the law, etc.);
(3) Whether the victim’s material losses were caused by the defendant’s criminal conduct;
(4) Whether the incidental civil lawsuit is filed after the criminal case is filed and before the first-instance judgment is pronounced.
Article 164: After accepting the entrustment, the attorney shall draft an accompanying civil complaint on behalf of the client, the basic content of which shall include:
(1) The natural circumstances of the plaintiff and defendant in the incidental civil litigation;
(2) Specific litigation claims;
(3) Basic facts and reasons;
(4) The name and time of filing the petition to the People’s Court;
(5) Relevant evidence materials.
Article 165: For an incidental civil lawsuit that the People's Court decides not to file, the client may be advised to file a separate civil lawsuit.
Article 166: Attorneys shall guide and assist clients in collecting evidence, conducting investigations, and applying for appraisals.
Article 167: When filing an incidental civil lawsuit, the attorney may suggest or assist the client to apply to the people's court to seize or seal up the defendant's property.
Article 168: Attorneys should note and inform their clients that if they refuse to appear in court without justifiable reasons after being summoned twice by the People's Court, or leave the court midway without permission from the court, the case will be automatically withdrawn.
Article 169: Attorneys shall enjoy the following rights in court proceedings:
(1) With the authorization of the client, an application can be made to withdraw from the members of the collegial panel, the clerk, the public prosecutor, the appraiser and the translator;
(2) State the facts of the case;
(3) Present and read out your own evidence;
(4) Apply to the court to notify our witnesses to appear in court to testify;
(5) Question the defendant, witnesses, and appraisers with the permission of the presiding judge;
(6) Raise objections to the other party’s evidence;
(7) Raising objections to inappropriate questions from the other party’s agent;
(8) Express agency opinions.
Article 170: The attorney shall guide the client to participate in mediation and prepare a mediation plan.
Article 171: If the plaintiff is dissatisfied with the civil litigation part of the first-instance judgment or ruling, the attorney shall assist him in filing an appeal.
Article 172: After an incidental civil action enters the second instance procedure, a lawyer may accept the entrustment of the plaintiff in the incidental civil action and serve as the litigation agent of the second instance. For specific entrustment procedures, please refer to the provisions of Article 13 of these Regulations.
Article 173: When a lawyer represents a person in an incidental civil lawsuit of second instance, the matter shall be handled in accordance with the relevant provisions of the first instance procedure.
  • Section 2 Acting as litigation agent for defendants in incidental civil litigation
Article 174: Lawyers may accept the entrustment of defendants and their legal representatives in attached civil litigation and serve as litigation agents in the first and second instance proceedings. For entrustment procedures, please refer to the provisions of Article 13 of these regulations.
Article 175: Defense lawyers for defendants in criminal proceedings can also be entrusted and serve as litigation representatives for defendants in attached civil proceedings.
Article 176: Attorneys shall help defendants write statements of defense, conduct investigations, collect evidence, apply for appraisals, participate in court hearings, present and cross-examine evidence, conduct debates, and express representation opinions. His litigation rights are the same as those of the plaintiff's attorney in an incidental civil action.
Article 177: If a defendant in an incidental civil action is dissatisfied with the incidental civil action part of the first-instance judgment, the attorney shall assist him in filing a civil action.

Chapter 10 Defense and Representation in Simple Procedures

Article 178: Defendants in public prosecution cases and private prosecution cases subject to summary procedures may appoint lawyers to act as defenders; victims in public prosecution cases subject to summary procedures and private prosecutors in private prosecution cases may appoint lawyers to serve as litigation representatives. For entrustment procedures, please refer to the provisions of Article 13 of these regulations.
Article 179: When a lawyer serves as a defender for a defendant in a public prosecution case or a private prosecution case, or as an agent ad litem for a victim in a public prosecution case or a private prosecutor in a private prosecution case, he or she shall clarify the legal provisions on summary procedures to the client. For cases that do not comply with Article 174 of the Criminal Procedure Law and are subject to summary procedures, you may raise an objection to the People's Court and request that the case be converted to ordinary procedures.
Article 180: In public prosecution cases that are subject to summary procedures, if the prosecutor does not appear in court, after the defendant makes a statement and defends the crime charged in the indictment, the defense lawyer may present relevant evidence and express his defense opinions.
Article 181: In public prosecution cases that are subject to summary procedures, when the public prosecutor appears in court, the defense lawyer and the public prosecutor may cross-examine each other and apply to the court to notify witnesses to appear in court to testify; with the permission of the court, they may debate each other.
Article 182: In private prosecution cases that are subject to summary procedures, the private prosecutor's attorney and the defendant's defense attorney may make statements in accordance with the law, present evidence and cross-examine, express representation and defense opinions, and debate each other.
Article 183: In a case that is subject to summary procedures, if the following circumstances are discovered during the court hearing, the defense lawyer shall recommend that the court suspend the trial and switch to ordinary procedures:
(1) The behavior of the defendant in the public prosecution case does not constitute a crime;
(2) The defendant in a public prosecution case should be sentenced to fixed-term imprisonment of more than three years;
(3) The defendant retracts his confession in court and denies the criminal facts charged in the indictment;
(4) The defense lawyer is preparing to present a not guilty plea;
(5) The facts are unclear or the evidence is insufficient;
(6) Other cases that should not or are not suitable for trial under summary procedures according to law.

Chapter 11 Acting as an agent in appeal cases

Article 184 Lawyers may accept the entrustment of the parties to the case, their legal representatives, and close relatives, and appeal to the People's Court or the People's Procuratorate against the legally effective judgments and rulings. For entrustment procedures, please refer to Article 13 of these Regulations. Provisions.
Article 185 If a lawyer has reason to believe that the complaint meets one of the following circumstances stipulated in the Criminal Procedure Law, he may request the People's Court for a new trial in accordance with the law, or submit a protest to the People's Procuratorate in accordance with the law:
(1) There is new evidence proving that the facts determined in the original judgment or ruling are wrong;
(2) The evidence on which the conviction and sentencing is based is inaccurate or insufficient, or there is a contradiction between the main evidence proving the facts of the case;
(3) There is indeed an error in the application of law in the original judgment or ruling;
(4) The judge engaged in corruption, bribery, malpractice for personal gain, or perverted the law when hearing the case.
Article 186: If the people's court decides to retry the appeal case, the lawyer shall defend or represent the case in accordance with the original trial procedures, but shall go through separate entrustment procedures.

Chapter 12 Supplementary Provisions

Article 187: These regulations apply to criminal defense and criminal agency services undertaken by lawyers across the country, and the All-China Lawyers Association is responsible for interpretation.
Article 188 If the relevant regulations formulated by the lawyers associations of various provinces, cities, and autonomous regions across the country are inconsistent with these norms, these norms shall prevail.
Article 189: This Code has been adopted by the third plenary session of the Fourth Standing Council of the All-China Lawyers Association since its promulgation. Effective from January 1, 2000. The "Standards for Lawyers Handling Criminal Cases (Trial)" promulgated in 1997 was also suspended from trial implementation.
Back to blog