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In the Supreme People’s Court’s new proposal to deepen judicial reforms, released in late February 2015, the word“lawyer” was one of the most frequently used– for many, this was a sign that the document’s main intention was to safeguard lawyers’ rights.
At the end of 2014, the Supreme People’s Procuratorate also issued a regulation on safeguarding lawyers’ rights, stating in no uncertain terms that lawyers must be guaranteed their lawful rights to meet with criminal suspects and defendants, access case files, and apply to collect evidence. The regulation marked the third time that China’s top procuratorate had introduced rules to protect lawyers’ rights, having previously done so in 2004 and 2006.
Zhou Ze, a criminal defense lawyer, told NewsChina that this proved that lawyers’rights are a sore spot. “Otherwise, why would the matter need to be emphasized over and over?”
Another criminal defense lawyer, Zhang Yansheng, agreed with Zhou. Zhang was the lawyer defending Nian Bin, a convict released from prison in 2014 after being cleared of a murder charge. Nian had been found guilty on two counts of murder in 2006 in Pingtan, Fujian Province, after two of his neighbors died of poisoning.
Zhang, together with six other lawyers, walked out of court to protest illegal judicial procedures during a trial in Huizhou, Guangdong Province in January 2015.
Zhang Jianwei, a law professor at Tsinghua University, said China’s judicial organs and criminal defense lawyers are piling pressure on each other, creating a tense situation which may “backfire and trap them in a vicious circle.”
Chilling Effect
In March 2014, the government-affiliated Beijing Lawyers Association （BLA） issued a guideline banning lawyers and law firms from disclosing litigation documents and client statements in any way, or leaking case information to unauthorized personnel before a court judgment takes effect.
Separately, the All China Lawyers Associa- tion （ACLA） attempted to revise the provisional Rules for Punishment of Members’Misconduct, and the Rules of Professional Conduct for Lawyers. Currently, punishable offenses include failing to show respect to a judge, public prosecutor, arbitrator or any other court personnel； refusing to speak in defense of the defendant or on behalf of the litigant in a court trial； and leaving court without permission.
In October 2014, a draft amendment to the country’s Criminal Law was submitted to the Standing Committee of the National People’s Congress for review, including a modification to Article 35 intended to incriminate those who “insult, slander or threaten” judicial workers and participants in a lawsuit.
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