Criminal defence lawyers in China still encounter many difficulties at both the pre-trial and the trial stage. Amendments to legislation have strengthened the role of the defence lawyer but in practice significant issues remain. For instance, there is no privileged attorney-client relationship, and a lack of impunity when challenging state evidence. For greater balance in the criminal justice system further strengthening of the rights and role of the defence is essential.
- Strengthening the Rights of Defence Lawyers in China
Background
The new Chinese Lawyers Law came into effect June 2008. However, full implementation is likely to prove difficult. There has been vigorous discussion about the law has among legal professionals in China since its promulgation. The law provides Chinese defence lawyers with increased rights in criminal procedure but which, in many instances, are inconsistent with the current Criminal Procedure Law (CPL). There is resistance from both prosecutors and police to what is likely to be a far greater challenge by lawyers to the powers of the police and prosecutors.
The project
GBCC, working with two Chinese partners; the Criminal Law Science Department at Renmin University (CCLSR), and No2 Beijing Municipal Procuratorate; launched a two year project in July 2008 to respond to the above problem. This project will support the implementation of the new lawyer’s law and contribute to the consultations on reform of the Criminal Procedure Law by both working on improvements in the professional relationship between the prosecution and the defence, and by providing a comparative approach with reference to international standards. Chinese legal professionals consider the UK a benchmark in terms of criminal justice and seek a greater understanding of the policy and practice of fair trial rights.
- Code of conduct for China's Lawyers
The Lawyer's Code of Conduct project (2006-2007) aimed to raise awareness of professional ethics among China's lawyers and deliver a code of conduct. Project activities included a moot court simulation, demonstrating different perspectives on the disciplinary hearings for attorney's rights, research and discussion of professional ethics in different legal cultures and other models of professional conduct codes. There were also discussions around current limitations on defence lawyers in China as well as training. A new code of conduct for defence lawyers has been drafted and is being presented to the All China Lawyers' Association and Ministry of Justice for national adoption. This project was funded by the Dutch Embassy, Beijing.
Also see Strengthening defence in death penalty cases project . updated 11 August 2009