Counsel "Speakers not guilty" is the necessary precondition for legal justice

"Lawyers in court, published by the agency, the defence advice from legal proceedings"…… recently brought to the 10th National People's Congress Standing Committee 28th meeting, the first consideration of the Lawyers Law Amendment Bill, will protect the rights of lawyers in principle more specific. The legal profession have said that the provisions give the lawyers professional exemption.

Under normal circumstances, legal counsel for the activities of the limits of practice, the law does not prohibit the local lawyers on the case in their understanding of the facts and the law, make an independent judgement as to maximize the pursuit of the interests of the parties to the proceedings and activities .

The complexity of the objective things and subjective understanding of the limitations, making no one can guarantee that have occurred on the facts of the case and related evidence to the accuracy of each of the judgement, we can not guarantee their tight defence of speech non-repudiation. Since the accused were eventually acquitted, we will not pursue the legal responsibility of the Prosecutor, even in court by defence counsel that the fact that eventually proved to be in line with the objective facts, the defence should not be subject to legal proceedings.







In criminal proceedings, defence counsel based on his understanding of the facts and the law, and the complaint launched against the court, the defendant is not only conducive to safeguarding the legitimate rights and interests, but also to listen to the judge that is conducive to the discovery of the facts of the case. If the defence counsel does not enjoy immunity, once a complaint with the contradictions and conflicts, and has a strong judicial powers against each other in a passive and negative vulnerable. The instinct for self-protection, lawyers or simply do not accept the defendant's commission, or while entrusted, but in defence of fear, not daring to express their views, even one station to denounce authorities, as the "second prosecutor" Role, leading to the prosecution and the defence of equality no longer confrontation, litigation just difficult to achieve.

Europe, the United States and France of the country, judges, prosecutors general from the selection of outstanding lawyers, three by a natural link, making judges and prosecutors to have enough lawyers professional recognition. Since ancient times and China attaches great importance to maintain social order, or undermines social stability has been the abhorrence of the crime. Legitimate rights and interests of lawyers as the defenders of the accused, often referred to as the "bad guys speak for the people." In particular, the defendant was suspected of having committed a major crime is extremely evil, people hate the criminals are often extended to their defence counsel on.

1990, the United Nations adopted the "Role of Lawyers on the basic principles." Article 20 of the Treaty agreed: "lawyers for the defence of their written or oral statements made on or as a mandate appeared in a court, tribunal or other legal or administrative authorities released before the speech, should enjoy civil or criminal immunity Right. "China is a signatory to international treaties, and should conform to international trends, the full implementation of treaty obligations.