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New rule outlines lawyers’ rights
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CHINA has issued a regulation on safeguarding the rights of lawyers.
It says that the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice should respect lawyers, improve their systems to ensure lawyers’ rights, and safeguard lawyers’ rights to know, the rights of application, petition, and other rights of meeting defendants, reading files, collecting evidence, debating, raising questions and others.
Prisons should allow defense counsels to meet suspects or defendants, or explain why the meeting cannot be arranged at that time, and ensure that the meeting should be arranged within 48 hours.
Procuratorates and courts should allow defense counsels to read case files, and ensure that case files can be accessed in three working days. The time and frequency of defense counsels reading case files shall not be limited.
The regulation urges judicial organs to establish and improve related facilities to facilitate lawyers’ work.
It stipulates several scenarios in which investigation and judicial bodies should listen to lawyers’ opinions. During court trials, judges should pay attention to the equal rights of litigation and the balance between the parties of prosecution and defense.
The regulation also improves the relief mechanisms and responsibility mechanisms for lawyers’ rights in practice. When their legal rights are violated, lawyers can make complaints to bodies at higher levels, or they can address the violations to procuratorates.
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