Supreme People's Procuratorate, Provisions for the Protection of the Practice Rights of Lawyers in Accordance with the Law

Main contents: The Provisions expressly specify that procuratorial authorities protect six rights of lawyers, among them are the right to meet their clients, the right to review case files and the right to investigate and gather evidence.

The Provisions specify that when a procuratorial authority handles a direct acceptance, opening and investigation case, no permission is required by the lawyer to meet with his/her client except in particularly material criminal bribery cases (Article 5). From the date on which the case is transferred for review and institution of the action, the defence lawyer can review, takes notes from and take copies of the case file materials (Article 6). Where the lawyer submits a written opinion to the effect that no criminal offence is constituted, that the crime was minor, that criminal liability should be reduced or exempted, that there is no danger to the public, that detention is inappropriate, that the law was violated in the course of the investigation activities, etc., the handling officer must conduct a review and, on the relevant working documents, state the opinions put forward by the lawyer and explain whether he/she accepted the opinions and the reasons therefor (Article 8).

Repealed legislation: Provisions for the Protection of the Lawful Practice of Lawyers in the Criminal Proceedings by People's Procuratorates, Feb 20 2004; and Circular on Further Strengthening the Protection of the Practice Rights of Lawyers, Feb 23 2006