Circular of the Supreme People's Court and the Ministry of Justice on Issuing the Measures on Initiating the Pilot Program Enabling Lawyers to be Engaged in the Full Process of Defense in Criminal Cases
Circular of the Supreme People's Court and the Ministry of Justice on Issuing the Measures on Initiating the Pilot Program Enabling Lawyers to be Engaged in the Full Process of Defense in Criminal Cases
Circular of the Supreme People's Court and the Ministry of Justice on Issuing the Measures on Initiating the Pilot Program Enabling Lawyers to be Engaged in the Full Process of Defense in Criminal Cases
Si Fa Tong [2017] No. 106
October 9, 2017
High People's Courts and the Justice Department/Bureaus in Beijing, Shanghai, Zhejiang, Anhui, Henan, Guangdong, Sichuan, and Shaanxi (Provinces/Municipalities directly under the Central Government),
To promote the reform of the criminal procedure system centered on trial procedure, strengthen the judicial protection of human rights, promote judicial justice, and give full play to the defense role of lawyers in the trial of criminal cases, the Supreme People's Court and the Ministry of Justice have drafted the Measures on Initiating the Pilot Program Enabling Lawyers to be Engaged in the Full Process of Defense in Criminal Cases, which are hereby issued. All pilot provinces/municipalities directly under the Central Government shall be fully aware of the significance of this pilot program and actively and steadily advance it. Coordination and collaboration must be enhanced to regularly communicate work progress and jointly advance the pilot program. Guidance and supervision must be stepped up to closely monitor the implementation of the pilot program and detect and resolve problems in a timely manner to ensure that the pilot program is carried out in depth and effectively. Work progress should be reported every six months to the Supreme People's Court and the Ministry of Justice.People's Court and the Ministry of Justice on Issuing the Measures on Initiating the Pilot Program Enabling Lawyers to be Engaged in the Full Process of Defense in Criminal Cases
Measures of the Supreme People's Court and the Ministry of Justice on Initiating the Pilot Program Enabling Lawyers to be Engaged in the Full Process of Defense in Criminal Cases
The Measures are hereby formulated in accordance with the Criminal Procedure Law and other relevant laws and regulations and in combination with judicial practice in order to promote the trial-oriented reform of the criminal procedure system, strengthen the judicial protection of human rights, improve judicial justice, give full play to the defense role of lawyers in the trial of criminal cases, and carry out the pilot program of letting lawyers participate in the defense all the way through the trial stage in criminal cases.
Article 1 A defendant shall have the right to defense. People's courts and judicial administrative authorities shall safeguard the right to defense and other litigation rights to which defendants and their defense lawyers are entitled in accordance with the law.
Article 2 A defendant is entitled to exercise the right to defense by himself/herself or entrust a lawyer as his/her defender.
Where a defendant who falls within the scope of notification of providing defense as specified in Article 34 or 267 of the Criminal Procedure Law has not entrusted a defender, the people's court concerned shall instruct a legal aid agency to designate a lawyer as his/her defender.
In addition to the foregoing provisions, where a defendant in any other first-instance or second-instance case heard under general procedures or case tried under procedures for trial supervision has not entrusted a defender, the people's court concerned shall instruct a legal aid agency to designate a lawyer as his/her defender.
Where a defendant in any case heard under summary procedures or quick trial procedures has not entrusted a defender, the people's court concerned shall instruct a duty lawyer dispatched by a legal aid agency to serve as his/her defender.
Before the lawyer appointed by a legal aid agency or the lawyer entrusted by a defendant provides defense for the defendant, the defendant or his/her close relatives may request legal aid, and the people's court concerned shall instruct a duty lawyer dispatched by a legal aid agency to provide legal aid for him/her.
Article 3 A people's court shall, within three days of acceptance of a case, inform the defendant concerned of his/her rights to entrust a defender and to obtain legal aid from the duty lawyer.
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Si Fa Tong [2017] No. 106
October 9, 2017
High People's Courts and the Justice Department/Bureaus in Beijing, Shanghai, Zhejiang, Anhui, Henan, Guangdong, Sichuan, and Shaanxi (Provinces/Municipalities directly under the Central Government),
To promote the reform of the criminal procedure system centered on trial procedure, strengthen the judicial protection of human rights, promote judicial justice, and give full play to the defense role of lawyers in the trial of criminal cases, the Supreme People's Court and the Ministry of Justice have drafted the Measures on Initiating the Pilot Program Enabling Lawyers to be Engaged in the Full Process of Defense in Criminal Cases, which are hereby issued. All pilot provinces/municipalities directly under the Central Government shall be fully aware of the significance of this pilot program and actively and steadily advance it. Coordination and collaboration must be enhanced to regularly communicate work progress and jointly advance the pilot program. Guidance and supervision must be stepped up to closely monitor the implementation of the pilot program and detect and resolve problems in a timely manner to ensure that the pilot program is carried out in depth and effectively. Work progress should be reported every six months to the Supreme People's Court and the Ministry of Justice.People's Court and the Ministry of Justice on Issuing the Measures on Initiating the Pilot Program Enabling Lawyers to be Engaged in the Full Process of Defense in Criminal Cases
Measures of the Supreme People's Court and the Ministry of Justice on Initiating the Pilot Program Enabling Lawyers to be Engaged in the Full Process of Defense in Criminal Cases
The Measures are hereby formulated in accordance with the Criminal Procedure Law and other relevant laws and regulations and in combination with judicial practice in order to promote the trial-oriented reform of the criminal procedure system, strengthen the judicial protection of human rights, improve judicial justice, give full play to the defense role of lawyers in the trial of criminal cases, and carry out the pilot program of letting lawyers participate in the defense all the way through the trial stage in criminal cases.
Article 1 A defendant shall have the right to defense. People's courts and judicial administrative authorities shall safeguard the right to defense and other litigation rights to which defendants and their defense lawyers are entitled in accordance with the law.
Article 2 A defendant is entitled to exercise the right to defense by himself/herself or entrust a lawyer as his/her defender.
Where a defendant who falls within the scope of notification of providing defense as specified in Article 34 or 267 of the Criminal Procedure Law has not entrusted a defender, the people's court concerned shall instruct a legal aid agency to designate a lawyer as his/her defender.
In addition to the foregoing provisions, where a defendant in any other first-instance or second-instance case heard under general procedures or case tried under procedures for trial supervision has not entrusted a defender, the people's court concerned shall instruct a legal aid agency to designate a lawyer as his/her defender.
Where a defendant in any case heard under summary procedures or quick trial procedures has not entrusted a defender, the people's court concerned shall instruct a duty lawyer dispatched by a legal aid agency to serve as his/her defender.
Before the lawyer appointed by a legal aid agency or the lawyer entrusted by a defendant provides defense for the defendant, the defendant or his/her close relatives may request legal aid, and the people's court concerned shall instruct a duty lawyer dispatched by a legal aid agency to provide legal aid for him/her.
Article 3 A people's court shall, within three days of acceptance of a case, inform the defendant concerned of his/her rights to entrust a defender and to obtain legal aid from the duty lawyer.
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