Opinion: Safeguarding lawyers and defendants

The amended PRC Lawyers Law (中华人民共和国律师法) clearly states that a lawyer is entitled to serve as a defender during a criminal investigation and it expands their rights during these investigations – for example, the rights of investigation and to take evidence. The procedural rights of the suspects or defendants are also highlighted in the amendment, ensuring they are strictly protected. This change is in line with the PRC Criminal Procedure Law (中华人民共和国刑事诉讼法), which was amended in March 2012.

The main reason the Standing Committee of the National People's Congress (NPC) amended the Law is to bring it in line with the Criminal Procedure Law. Inconsistencies between the two laws led to different understandings in practice, which may have affected the legitimate rights of the criminal suspect. It is because of these inconsistencies that the Standing Committee accordingly amended the Law to maintain the unity of legal system and to ensure the effective implementation of both pieces of legislation.

Ethics and responsibilities

To bring the Lawyer's Law in line with international standards, the scope of confidential information during the practice of law has been expanded. “The facts and information regarding a crime that seriously endangers the safety of property of other people which the client or other person is preparing to commit or is committing,” are now included in the scope of confidential information (Article 38).

To solve the barrier between social disputes and protect the fundamental rights of citizens, the Law imposes strict requirements on legal ethics in the practice of law by lawyers. While a lawyer is exercising the rights duly authorised by their client after they have been retained or authorised through legal procedures and are therefore fully able to handle a variety of legal issues, the lawyer assumes certain responsibilities, which includes the responsibilities under the laws, like the confidentiality obligation and property safety obligation.