We in the Internet, in newspapers and even in the real work and life, often hear a certain lawyer has been detained by public security organs, or on suspicion of perjury by the prosecution. Such as: September 1997, Shanxi's lawyer Zhao Dayong was suspected of perjury prosecution; November 1997, Xu Jianfeng Qiqihar lawyers for suspected perjury by prosecution; December 1997, Heilongjiang lawyer Wang Bing on suspicion of perjury by prosecution; December 1998, Henan lawyer Wang Kuisheng false evidence in connection to the crime was prosecuted…… 1995 National Bar Association's lawyer received only a few dozen cases of IPR protection, and to 1997, in 1998 the annual lawyers to defend their right in the More than 370, especially the new "Criminal Law" after implementation, engaged in criminal defence lawyers involved in the business of perjury, obstruction of the crime cases to testify total number of cases of IPR protection to 80%. According to the National Lvxie on 23 counts of the case on this case statistics, 11 cases were suspected of lawyers while case dismissal or acquittal, six convictions, an exemption from criminal sanctions, and five still pending, making rate Up to 50 percent.
This is how the Chinese Bar sad ah! It is no wonder that people will be the lawyers engaged in criminal defence in the face of physical danger vividly called the "Corner on the Dance" and "wearing shackles dance", while the Penal Code section 306 and section 307 is that in all the cross The defence counsel of the sword on the neck! "Criminal Law of the PRC" section 306 provisions of a special counsel for the main body of perjury, the crime of the integrity of the legal interpretation as "defenders, litigation agents to destroy evidence, falsified evidence, the crime of prejudice to testify."
There are many lawyers, especially the young lawyers, Chushe criminal cases, went to collect evidence, the case has not yet Banjie, their detention by the public security organs had. I recently wrote online to see a lawyer of the post, said another lawyer for two with corruption and bribery cases, the suspicion of "helping the suspect, the defendant concealed, destroyed, forged evidence or Chuangong," by the public security authorities detained , The reason is the public security organs of the detention house lawyers that the meeting room with the listener, a lawyer with the contents of the recording were all down, and as a evidence. Read this case, I can not help but surprised, because yesterday I was in a detention center to Shenzhen, met with a criminal suspect (the crime syndicate members), Fortunately, I do not have any irregularities, and repeatedly stressed that the meeting was " Must be truthful statements. "
Therefore, as a lawyer, we must position themselves correctly, and always remember:
First, our legal environment is not very satisfactory, although the rule of law has for several decades, but the real attention to the rule of law, that is, the things the past few years. How lawyers are not subject to investigation departments (including prosecutors) to welcome and sometimes even be seen as "Tuohou Tui." Lawyers have self-knowledge, should always be aware of their identity, only the "lawyer" only, in the face of strong state investigation, indictment rights organizations, lawyers can be described as "insignificant" and even "non-essential"!
Second, lawyers should never rely on the parties so! The parties can not be said of his innocence, then he really innocent. To be honest, being locked up in detention centers, in all likelihood are guilty. Moreover, the lawyers not to give witness Zuobi Lu. Sometimes, even if you do not teach him to change testimony, witnesses, victims and other changes in testimony by the investigation because of the investigation, reflected in instinct, will be looking for scapegoats, the scapegoat of choice is evidence of his lawyers, if a witness Two elements do not even completely contrary to the testimony, he asked the public security organs which were really what were false, he will certainly say to the public security authorities said was true, the lawyers say is false, in which Under the circumstances, the public security organs on this statement to him to do a record, the transcripts can be easily on the evidence of lawyers admitted to the detention center inside the door Nashan heavy!
Third, the lawyers of the organization, the Bar Association, should be powerful and effective, but the fact is not so ideal. In many cases, the lawyers suspected of "defenders, litigation agents to destroy evidence, falsified evidence, the crime of prejudice to testify", our lawyers are not actively loudly, on the contrary, is a lawyer practising as a negative example of discipline, To a so-called "lawyer practising self-inspection act." As long as it is from the court or prosecutors or public security organs in the complaint, regardless of the actual situation, the first penalty only for lawyers said. For any one industry, the organization's role is to support and help, management, supervision and punishment. However, if only to management, supervision, punishment and charges, then this organization under the individual and on the need to keep vigilant to protect themselves.
Finally, as a lawyer, the first duty of lawyers to put in the first, to obey the law, uphold justice in first place. Can not be economic interests as the driving force. In many cases, lawyers must know how to choose, for social justice, we would like to make poor life!
Therefore, you learn more lawyers colleagues, "the Code of Criminal Procedure," and article 38 of the "Criminal Law" 306,307, which is horizontal lawyers in a sword on the neck! The world's most modern countries keep a sound legal system, in accordance with the United Nations, "on the Role of Lawyers basic principles" under the relevant provisions of the lawyers defending the immunity from criminal, many countries such as Britain or even the rule of law also provides for the "witnesses Incrimination should not fall into the "principles of law, but China was ready to accept their line, to create such a sharp sword, in all-business lawyers in the defence of the neck!
Harvard University law professor, the famous criminal defence lawyer Alan »Bradshaw-Benz, said:" one country, whether there is a real freedom, it is one of the touchstone for those guilty people, for the people of the world's only by Buchi The defence of people's attitude. In most authoritarian countries, the independent counsel team does not exist. It is true that authoritarian oppression widespread concern Wuji the obvious signs that the Government began persecution of defence lawyers. "Shakespeare's great drama writers have said Too: "If we are bound to solve a pressing matter, let us get rid of all the lawyers it." Therefore, the lawyers note that at any time someone wants to "kill all the lawyers!"
lawyers focused on learning
"Criminal Procedure"
Article 38 stipulates: "The defence lawyers and other advocates, not to help the suspect, the defendant concealed, destroyed, forged evidence or Chuangong not threat, lure or a witness to change testimony for perjury and other activities interfere with the proceedings of the judiciary."
"Criminal Law"
300th and six in criminal proceedings, counsel, litigation agent destruction, forged evidence, to help the parties destruction, forged evidence, threats and temptations contrary to the facts change witness testimony or perjury, to three years imprisonment or detention; plot Serious, more than three years to seven years imprisonment.
Counsel, litigation agent to provide, produce, cited the testimony of witnesses or other evidence of misrepresentation, not intentionally falsified, not forged evidence.
307th of the use of violence, threats, Huimai witnesses, and other methods to prevent or instigation of perjury, to three years imprisonment or detention; serious cases, more than seven years to three years in prison.
To help the parties destruction, forged evidence, in serious cases, to three years imprisonment or detention.
Justice staff before committing two crimes, harsh punishment.
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