Lawmakers yesterday adopted legislation that would help defense lawyers meet criminal suspects and obtain evidence from June next year.
The amendment to the Law on Lawyers, passed during the 30th session of the National People's Congress (NPC) Standing Committee, includes three points:
Defense lawyers can meet clients after initial interrogation or other mandatory sanctions ordered by judicial bodies, conversations between attorneys and suspects will not be monitored and defense lawyers have the right to read all the files and materials related to the case, and can collect evidence themselves or apply to prosecuting bodies and courts seeking evidence.
The existing Criminal Procedure Law does allow suspects to meet their lawyers after police interrogation. But it does not provide any detailed interpretation.
The Law on Lawyers has no relevant stipulation at all, preventing many suspects from meeting their lawyers because of police objections.
Wang Rong, a Shanghai lawyer specializing in criminal defense, said many lawyers are unwilling to handle criminal cases because they often face difficulty in meeting clients, getting hold of case materials and obtaining evidence.
The amendment changes the situation, said Yang Minglun, deputy director of the legal affairs committee of the NPC Standing Committee, by "safeguarding lawyers' rights, especially in criminal defense".
The amendment specifies that defense lawyers' opinions and remarks in court cannot lead to prosecution if they don't threaten national security or are slanderous, he said.
"The amendment, which takes effect from next June, will effectively improve lawyers' working conditions," he said.
Legislators are considering amending the Criminal Procedure Law, Yang said, to make the provisions clearer.
（英语点津 Celene 编辑）
About the broadcaster:
Bernice Chan is a foreign expert at China Daily Website. Originally from Vancouver, Canada, Bernice has written for newspapers and magazines in Hong Kong and most recently worked as a broadcaster for the Canadian Broadcasting Corporation, producing current affairs shows and documentaries.
