AMENDMENT CONSIDERED TO THE LAW ON LAWYERS

The National People's Congress (NPC) is considering a draft amendment to the Law on Lawyers that would solidify ethical guidelines, thereby allowing lawyers to meet criminal suspects, obtain evidence for cases and even allow experienced lawyers to open individual private law firms. The Law on Lawyers was implemented on January 1 1997 and the reforms, which were proposed by the Ministry of Justice, would be the first revisions to the law since its promulgation.

The draft amendment states that with the exception of cases involving state secrets, certified lawyers would be entitled to meet criminal suspects in person once judicial officials have completed interrogations. Criminal defence attorneys have often complained in the past of the difficulties inherent in meeting with suspects, conducting research and obtaining evidence.

The proposals also would entitle defence lawyers to make applications to collect and provide relevant evidence. Attorneys would also be entitled to access all files and materials relating to a case and to use the courts to bring witnesses to testify in court.