One chapter general rules

Article 1: To ensure and guide lawyers to perform their duties in accordance with law when participating in criminal proceedings，In accordance with the Criminal Procedure Law of the People's Republic of China, the Law of the People's Republic of China on Lawyers, and the Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, the Ministry of Justice, and the Legal Affairs Commission of the Standing Committee of the National People's Congress on Several Issues in the Implementation of the Criminal Procedure Law (hereinafter referred to as the "Provisions of the Six Departments of the Central Committee")，Combine the practical experience of lawyers handling criminal cases，Formulation of this specification。

Article 2 Lawyers shall perform the duties of defense and representation in criminal proceedings according to law, and their personal rights and litigation rights shall not be infringed。

Article 3 In undertaking criminal proceedings, lawyers shall abide by the laws and regulations of the State, adhere to the principle of taking facts as the basis and law as the criterion, and abide by the professional ethics and practice discipline of lawyers。

Article 4 Lawyers participating in criminal proceedings shall adhere to the principle of safeguarding the legitimate rights and interests of clients in accordance with the law and the correct implementation of the law, be loyal to their duties, be serious and responsible, and shall not harm the legitimate rights and interests of clients。

The five lawyers acted as defenders or provided legal assistance to criminal suspects, and independently carried out litigation activities in accordance with the law, not subject to the will of the client。

Article 6 In handling criminal cases, lawyers shall keep state secrets, the business secrets of the parties and the privacy of the clients。

The seven lawyers shall not accept the entrustment of more than two criminal suspects or defendants in the same case to participate in criminal proceedings。

Article 8 Lawyers shall not collect cases or collect fees without permission。

To undertake criminal litigation business, lawyers may entrust lawyers in other places to investigate and collect evidence on their behalf, and they may also request lawyers in other places to assist in meeting criminal suspects or defendants。Remote lawyers should be supported。

Chapter two: Receiving and closing cases

One section accepts the case

Law firms may accept criminal suspects and defendants，Or their legal representatives, relatives or persons entrusted by criminal suspects or defendants，Or accept the appointment of a people's court，Appointing lawyers to provide legal assistance or serve as defenders for criminal suspects or defendants;They may accept the entrustment of victims and their legal representatives or close relatives, parties to incidental civil proceedings and their legal representatives, and private prosecutors and their legal representatives in private prosecution cases，Appointing lawyers to act as agents AD litem;They may accept the entrustment of the parties to criminal cases and their legal representatives and close relatives，Appoint a lawyer to act as an agent in a complaint case;They may accept the entrustment of the respondent, his legal representative or his close relatives，Appoint a lawyer to represent the complaint;After the public security organ or the people's Procuratorate has made a decision not to file a case or to withdraw the case，They may accept the entrustment of the victim, his legal representative or his close relatives，Appoint a lawyer to represent you in a complaint or prosecution。

A law firm shall, as far as possible, satisfy the client's request for naming and entrusting。

Article 11 Lawyers shall handle entrustment procedures in accordance with the following circumstances:

(1) To provide legal assistance to criminal suspects must begin after the first interrogation by the investigation organ or on the date of taking compulsory measures;

(2) To act as a defender after the criminal suspect has been examined and prosecuted by the people's Procuratorate or after the defendant has been prosecuted;

(3) Acting as an agent AD litem for a victim of a public prosecution case or a party to an incidental civil action, starting from the date the case is transferred for examination and prosecution;

(4) An agent AD litem acting as a private prosecutor in a private prosecution case, and an agent AD litem attached to a civil action and their legal representatives may accept the entrustment at any time;

(5) To act as a defender or agent AD litem in the second instance after the judgment of the first instance is pronounced;

(6) Acting as an agent in a complaint case must be made after the judgment or order of the people's court has become legally effective, or after the decision of the public security organ or the people's procuratorate to withdraw the case or not to bring a suit has been made;

(7) In cases involving state secrets, where lawyers are hired at the investigation stage, approval must be obtained from the investigation organ;

(8) Where a relative or other person of a criminal suspect or defendant acts on behalf of the agent, the confirmation of the criminal suspect or defendant must be obtained during the meeting。

Article 12 In accepting criminal cases, lawyers shall go through the entrustment procedures at the stages of investigation, examination and prosecution, first instance, second instance and appeal respectively;An entrustment agreement can also be signed at one time, but a power of attorney should be signed in stages。

Article 13 A lawyer shall go through the following procedures when accepting a case:

(1) The law firm and the client sign the Entrustment Agreement in duplicate, one copy for the client and one copy for the law firm to file;

(2) The client signs the Power of Attorney in triplicate, one copy shall be submitted to the case handling authority, one copy shall be filed by the undertaking lawyer, and one copy shall be submitted to the client for preservation;

(3) To issue a letter of introduction from the law firm, and the lawyer shall submit it to the case-handling organ。

Article 14 After accepting the entrustment, a law firm shall register the cases received and set up a file after numbering them。

Article 15 For parties who need to provide legal aid, law firms may appoint lawyers to undertake it, but they must go through the entrust procedures in accordance with the provisions of Articles 12 and 13 of these Standards。

Article 16 After accepting entrustment, a lawyer may not refuse to defend or represent him without justifiable reasons。However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, or the client makes other unreasonable demands, which makes the lawyer unable to perform his duties normally, the lawyer has the right to refuse to defend or represent him。

If a lawyer terminates the entrustment relationship due to the above reasons, it shall be agreed by the director of the law firm or the person in charge authorized by the director and recorded in the volume。

Case closed in Section II

Article 17 When a lawyer undertakes criminal business and concludes a case, he shall write a summary of the case, sort out the case file and file it。

Article 18 In case of early termination of the entrustment relationship, the lawyer shall write a summary of the case, explain the reasons, attach the relevant procedures, sort out the case file and file。

Chapter Three provides legal help for criminal suspects in the investigation stage

A section on accepting commissions

Article 19 At the investigation stage, public security organs, people's procuratorates and other statutory organs conducting investigation (hereinafter referred to as "investigation organs") interrogate criminal suspects for the first time or take compulsory measures，Law firms can accept criminal suspects or their relatives，Or someone else entrusted by the suspect，Assign lawyers to provide legal advice to criminal suspects，Acting for complaints and charges。If a criminal suspect is detained, he may apply for bail pending trial。

For law firms to handle entrustment procedures with criminal suspects or their relatives and friends, see Article 13 of these Regulations。

Section 2 Contact with the Investigation organ

Article 20 After accepting the entrustment, the undertaking lawyer shall promptly contact the investigation organ, submit to it the Power of attorney, the letter of introduction of the law firm, and produce the lawyer's practice certificate。

Article 21 The undertaking lawyer shall understand the suspected charges of the criminal suspect from the investigation organ, and promptly put forward specific requirements for meeting the criminal suspect。

Three sections meet with the suspect

Article 22 A lawyer may meet a criminal suspect who is not in custody at his residence, unit or law firm。No one else should be present at the meeting。

If the criminal suspect is a minor or blind, deaf or mute, his legal representative or close relatives shall be present during the lawyer's interview。

Article 23 A lawyer's meeting with a criminal suspect under residential surveillance does not require approval。

Article 24 For cases that do not involve state secrets, a lawyer's request to meet with a criminal suspect in custody does not require approval。The lawyer has the right to request the investigation organ to arrange an interview within 48 hours in accordance with the Provisions of the Six Departments of the Central Committee。The investigation organ may, according to the circumstances and needs of the case, send officers to the scene。If the investigation organ fails to arrange an interview according to law, the lawyer shall have the right to report to the relevant department and request correction。

Article 25 In cases involving state secrets, lawyers meeting criminal suspects in custody shall submit a written application to the investigation organ and obtain approval。If the investigation organ does not approve the interview, the lawyer may request a written decision。If it is not the case or the nature of the case itself that involves state secrets, the lawyer may file a reconsideration or report to the relevant department。

Article 26 When a lawyer meets a criminal suspect in custody, he shall bring the following documents:

(1) A special letter of introduction for meeting criminal suspects issued by a law firm;

(2) the lawyer's own lawyer practice certificate;

(3) Power of Attorney signed by the client。

27 When a lawyer meets a criminal suspect in custody, he shall ask whether he agrees to hire his lawyer。If the consent is expressed, it should be confirmed by the signature of the "Power of attorney" hired by the lawyer;Any disagreement should be recorded and signed for confirmation。

Article 28 When a lawyer meets a criminal suspect, he or she may ask him or her about the case, including the following:

(1) the natural circumstances of the criminal suspect;

(2) whether and how they participated in the suspected cases;

(3) if guilty, state the main facts and circumstances related to conviction and sentencing;

(4) If he thinks he is innocent, state a plea of innocence;

(5) whether the legal procedures for which compulsory measures are taken are complete and whether the procedures are legal;

(6) whether his personal rights and litigation rights have been violated after compulsory measures have been taken;

(7) Other information that needs to be understood。

29 When meeting criminal suspects, lawyers shall abide by the relevant provisions of the place of detention in accordance with law, shall not transfer articles or letters for criminal suspects, shall not lend communication tools to them for use, and shall not engage in other activities in violation of legal provisions。

Thirty lawyers shall, after meeting with the detention place, handle the handover procedures of the criminal suspect。

Article 31 When a lawyer meets a criminal suspect, he shall make a record of the meeting and hand it over to the criminal suspect to be read or read out to him。If there are omissions or errors in the records, the criminal suspect shall be allowed to supplement or correct them。Ask the suspect to sign the statement after confirming it is correct。

When a lawyer meets a criminal suspect, he or she may make audio, video or photo recordings, but he or she must obtain the consent of the criminal suspect in advance。

If an investigator is present at the meeting, it shall be indicated in the written record。

Article 32 Lawyers may, according to the circumstances and needs of the case, decide on the time and number of meetings with criminal suspects in custody, and request the investigation organ to make arrangements。A lawyer's meeting with a criminal suspect is free from unlawful interference。

Section 4 provides legal advice to criminal suspects

Article 33 A lawyer may provide legal advice to a criminal suspect when he meets with him, including the following:

(1) Legal provisions on the conditions, duration and applicable procedures of compulsory measures;

(2) Legal provisions on the withdrawal of investigators, procurators and judicial personnel;

(3) The criminal suspect has the obligation to truthfully answer the questions of the investigators and the right to refuse to answer questions unrelated to the case;

(4) The criminal suspect has the right to request his own written confession, the right to check, supplement, correct and add explanations to the interrogation records made by the investigators, and the obligation to sign or seal the records after admitting that there are no mistakes;

(5) The criminal suspect shall have the right to be informed by the investigation organ of the appraisal conclusion used as evidence and the right to apply for additional appraisal or reappraisal;

(6) the right to defense enjoyed by criminal suspects;

(7) the right of complaint and accusation enjoyed by criminal suspects;

(8) The relevant provisions of the criminal Law on the charges suspected by the criminal suspect;

(9) Criminal Law on surrender, meritorious service and related provisions;

(10) legal provisions concerning jurisdiction over investigation of criminal cases;

(11) Other relevant legal questions。

Section 5 Applies for bail pending trial for the criminal suspect

Article 34 After the lawyer understands the suspected charges of the criminal suspect from the investigation organ and meets the criminal suspect, if the detained criminal suspect meets the following conditions for bail, he may take the initiative to apply for bail for him:

(1) the case of the criminal suspect complies with the provisions of Article 51 of the Criminal Procedure Law;

(2) The suspect is suffering from a serious illness;

(3) the suspect is pregnant or breastfeeding his own baby;

(4) the detention and arrest measures taken by the investigation organ against the criminal suspect have exceeded the statutory time limit;

(5) other conditions for obtaining bail as prescribed by law。

Article 35 A criminal suspect in custody and his legal representative or close relatives request a lawyer to apply for bail pending trial for the criminal suspect. If the lawyer considers that the conditions for bail pending trial are met, he may apply for bail pending trial for him or her, and may also assist him or her to apply directly to the investigation organ for bail pending trial。

Article 36 When a lawyer applies for bail pending trial for a criminal suspect, he shall submit an application for bail pending trial to the relevant authorities。The application should indicate the name of the law firm, the name of the lawyer, the correspondence address and contact method, the application facts and reasons, the guarantee method, etc。A lawyer may not act as a guarantor for a criminal suspect。

Article 37 After a lawyer has submitted an application for bail pending trial for a criminal suspect in custody, he may request the investigation organ to give a reply agreeing or disagreeing within 7 days。For those who do not agree to bail pending trial, the lawyer has the right to ask them to explain the reasons for their disagreement, and may propose reconsideration or reflect to the relevant departments。

Section 6 Representation of complaints and charges

Article 38 If a lawyer, on the basis of the charges suspected of a criminal suspect and the circumstances of the case learned from the criminal suspect, considers that there is a basis, he may accept the entrustment of the criminal suspect and file a complaint with the relevant organ on his behalf, requesting correction。

Article 39 Lawyers shall base their knowledge of the case and other relevant evidentiary materials from the criminal suspect，It is believed that the investigators have violated the law in handling the case，Infringe upon the personal rights, litigation rights or other legitimate rights and interests of criminal suspects，Or considers that the jurisdiction of the investigative organ is improper，May be entrusted by the criminal suspect，File a complaint with the relevant department on behalf of him。

Chapter IV Acting as counsel or agent AD litem during the review and prosecution phase

One section accepts the case

Article 40 After a criminal case is transferred by an investigation organ to a people's procuratorate for examination and prosecution, a lawyer may accept the entrustment of the criminal suspect himself or his relatives and friends as a defender。The relevant procedures of law firms and criminal suspects or their relatives and friends shall be referred to the provisions of Article 13 of these regulations。

Article 41 After a criminal case has been transferred by an investigative organ to a people's procuratorate for examination and prosecution, lawyers may accept the entrustment of the victim and his legal representative or close relatives, or the parties or legal representatives or close relatives of the parties to an accompanying civil action as agents AD litem, and the law firm shall handle the formalities with the client。Refer to the provisions of Article 13 of this Code。

Article 42 After accepting the entrustment, a lawyer shall issue a letter of introduction to the law firm and submit it together with the power of attorney to the people's Procuratorate。

Section 2 Consulting, copying and reproducing case materials

Article 43 A lawyer shall have the right to consult, extract and copy the litigation documents and technical appraisal materials of the case in the People's Procuratorate by holding the letter of introduction of the law firm, the power of attorney and the lawyer's practice certificate。Litigation documents include written decision to file a case, detention warrant, decision to approve arrest, arrest warrant, search warrant, prosecution opinion and other documents;Technical appraisal materials include forensic forensic appraisal, judicial psychiatric appraisal, technical appraisal of material evidence and other appraisal documents。Accuracy and completeness shall be guaranteed when extracting or copying。

Article 44 Materials extracted or copied by lawyers shall be kept confidential and properly kept。

Three meetings and correspondence

Article 45 At the examination and prosecution stage, defense lawyers do not need to be approved by the procuratorial organ to meet with criminal suspects, and the procuratorate should not send personnel to be present during the meeting。Reference shall be made to the relevant provisions of Section 3 of Chapter III of this Law for other matters relating to the meeting。

Article 46 In correspondence between defense lawyers and criminal suspects, the identity of the lawyer and the address of the correspondence shall be indicated, and the official seal of the law firm shall be affixed to prove the identity of the lawyer。The content of the communication should be limited to issues related to the case, understanding the situation of the suspect during his detention and his opinion on the case。

Article 47 Defense lawyers may communicate with criminal suspects, but their contents shall not mention to the criminal suspects information about the co-criminal suspects and their relatives and friends that may hinder the investigation。

Article 48 For correspondence between defense lawyers and criminal suspects, copies of the letters and the original letters of criminal suspects shall be kept and attached for reference。

Section 4 Investigation and collection of case-related materials

49th lawyer investigation, collection of materials related to the case, should hold a lawyer's letter of introduction, produce a lawyer's license, generally should be carried out by two people。

Article 50 With his consent, defense lawyers may collect materials related to the case from the victim or his close relatives or witnesses provided by the victim, but they shall submit a written application to the People's procuratorate in advance and obtain consent。

Article 51 Lawyers may collect materials related to a case from witnesses or other units or individuals, but they shall obtain their consent in advance and record it in the investigation record。

Article 52 A lawyer's investigation record shall contain the names of the investigator, the person being investigated and the person recording，The time and place of the investigation;The content of the record shall have the introduction of the identity of the lawyer，Basic information about the person under investigation，The requirement of a lawyer for a witness to testify，An explanation of legal liability for perjury or concealment of criminal evidence，And basic information about the matter under investigation。

Article 53 When lawyers collect material evidence, documentary evidence and audio-visual materials, they shall extract the originals;Where the original cannot be extracted, copies, photographs or video recordings may be made, provided that the copies, photographs or video recordings shall be accompanied by evidence to provide proof。

Article 54 When investigating and collecting case materials, lawyers may make sound or video recordings。Any audio or video recording of the person under investigation shall be subject to the consent of the person under investigation。

Article 55 When extracting or reproducing relevant materials, a lawyer shall be faithful to the truth and shall not forge, alter or take his words out of context。

Article 56 When investigating and collecting evidentiary materials, lawyers may, if necessary, invite relevant personnel to witness and sign the investigation record。

Article 57 In making investigation records, lawyers shall record the contents of the investigation in all aspects and accurately, and must be checked by the person under investigation or read out to him。If any amendment or supplement is made by the person under investigation, it shall be signed, sealed or confirmed by fingerprint at the place where the amendment is made。After the investigation record has been checked by the person under investigation, he or she shall sign each page and sign the recorded opinion at the end of the record。

Article 58 During the examination and prosecution phase, defense lawyers may, when they deem it necessary, apply to the people's procuratorate to collect and obtain evidence。

Section 5 Presents defence or representation

Article 59 A lawyer acting as a defender or agent AD litre shall, in accordance with the provisions of Article 139 of the Criminal Procedure Law, submit to the People's Procuratorate a defense agency opinion on the case。

Article 60 Where a criminal suspect is detained for an extended period during the review and prosecution stage, the defense lawyer has the right to request the criminal suspect to be released or to change compulsory measures in accordance with the law and to be granted bail pending trial。If a criminal suspect's personal rights are infringed upon or his personality is insulted, the defense lawyer shall have the right to file a complaint on behalf of the criminal suspect。

Article 61 If a people's procuratorate has made a decision not to prosecute, and the person not prosecuted is not satisfied with the request for a complaint, the defense lawyer may, after the person not prosecuted has received the letter of decision, appeal to the people's Procuratorate on his behalf。

Article 62 If a people's procuratorate makes a decision not to prosecute, and the victim is not satisfied with it, the attorney may, within seven days after the victim receives the decision, appeal on his behalf to the people's procuratorate at the next higher level。After the appeal is rejected, it may bring a suit in a people's court on behalf of the other party, or directly bring a suit in a people's court on behalf of the other party without appeal。Where an agent brings a suit in a people's court, the entrustment procedure shall be handled in accordance with the private prosecution procedure。

Chapter five as a defender of the first instance of public prosecution cases

One section accepts the case

Article 63 A law firm may accept the entrustment of the defendant or his relatives and friends and appoint a lawyer to act as the defendant's defender。Law firms shall handle entrustment procedures with clients in accordance with the provisions of Article 13 of these Standards。

Article 64 A law firm may accept the appointment of the people's court and appoint lawyers to defend the defendant, and the entrustment procedures between the law firm and the client shall be carried out in accordance with the provisions of Article 13 of these Standards。

Section II reviews jurisdiction

Article 65 After accepting an appointment, a lawyer shall pay attention to examining whether the case is under the jurisdiction of the receiving court。If it is found that the jurisdiction of the court is improper, the jurisdiction of the investigation organ is improper, etc., it shall promptly submit to the court in writing and request the withdrawal or transfer of the case。、

Section 3 Consulting, copying and reproducing case materials

Article 71 Matters that lawyers should pay attention to when reading papers refer to the relevant provisions of Section 2 of Chapter 4 of this standard。

Section 4 Interview with the accused

Article 72 When a lawyer meets a defendant in custody, he shall bring a copy of the indictment issued by the People's Procuratorate, the power of attorney, the special certificate of the law firm meeting the defendant and the lawyer's practice certificate。

Article 73 When a lawyer meets a defendant, he shall prepare an outline of the meeting in advance。During the meeting, the defendant's statement and defense should be carefully listened to, and contradictions and doubts in the facts and evidentiary materials of the case should be found, verified and clarified, focusing on the following:

(1) the identity of the defendant and the time of receipt of the indictment;

(2) Whether the defendant admits to the charges charged in the indictment;

(3) whether the facts, circumstances, motives and purposes of the allegation are clear and accurate;

(4) whether the aggravating circumstances alleged in the indictment exist;

(5) the defendant's reasons for pleading not guilty;

(6) whether there are facts, circumstances and clues for leniency, mitigation or exemption from punishment;

(7) whether there is meritorious service;

(8) Whether there is extended detention and whether legitimate rights and interests have been harmed。

Article 74 Lawyers shall introduce the court proceedings to the defendant and inform the defendant of his litigation rights, obligations and matters that should be paid attention to during the trial。

Article 75 For other matters concerning lawyers' meetings with defendants, refer to the relevant provisions of Chapter III, Section III of these Regulations。

Section 5 Investigation and collection of evidence

Article 76 At the trial stage, lawyers may investigate and collect evidentiary materials related to the case in accordance with the actual circumstances。

Article 77 If a lawyer investigates and collects evidence from a witness, and the witness does not agree to testify, the lawyer may apply to the people's court to notify him to testify in court。

Article 78 Lawyers may apply to the people's court to collect and retrieve evidence as necessary in a case。When the people's court collects or summons evidence, lawyers may participate。

Article 79 Before the hearing, lawyers shall make copies of the evidentiary materials collected, and submit the original to the court when presenting evidence。

Article 80 Specific methods for lawyers to investigate and collect evidence are referred to the relevant provisions in Section 4 of Chapter 4。

Six sections of court preparation

Article 81 Where a lawyer applies for a people's court to notify a witness, expert witness, or producer of the record of investigation and inspection to testify in court, a list of the above-mentioned persons shall be made, indicating their identities, addresses, and communication offices, and stating the facts to be proved, and shall be submitted to the people's court before the hearing。

Article 82 The evidence that a lawyer intends to read out or present in court shall be catalogued and the facts to be proved shall be stated and submitted to the people's court before the hearing。

Article 83 After receiving the notice of hearing, lawyers shall appear in court on time. If they cannot appear in court due to any of the following circumstances, they shall promptly contact the court to apply for an extension of the hearing:

(1) where a lawyer has received notices for two or more court sessions and can only attend one of them on time;

(2) Before the trial, lawyers find major evidence clues, need to further investigation and evidence collection or apply for new witnesses to testify in court;

(3) Lawyers are unable to appear in court on time due to objective reasons。

Article 84 If a lawyer applies for a postponement of a hearing but is not approved and is indeed unable to appear in court, he shall consult with the client and properly resolve the matter。

Article 85 If a lawyer receives a notice to appear in court only three days before the hearing, he shall have the right to request the court to change the date of the hearing。

Article 86 Before the hearing, lawyers shall inquire from the court about the testimony of the notified witnesses, expert witnesses and producers of the records of investigation and inspection。If any unnotified or unnotified situation is found, it shall be resolved in a timely manner through consultation with the court。

Article 87 The lawyer shall understand the situation of the public prosecutor and the personnel of the court, and assist the defendant in determining whether there is a cause for application for withdrawal and whether to apply for withdrawal。

Section 7 Court investigation

Article 88 A lawyer appearing in court shall abide by the rules and order of the court and follow the direction of the court。

Article 89 Where more than one lawyer appears in court in a case involving two or more defendants, the defence lawyer shall be seated in the order in which the accused are charged。

Article 90 After the chief judge announces the defendant's litigation rights, the lawyer may accept the defendant's authorization, apply for withdrawal on behalf of the members of the collegial panel, the clerk, the public prosecutor, the appraiser and the interpreter, and provide relevant evidence。

Article 91 If the court makes any mistake in checking the defendant's age, identity, or criminal record, which may affect the outcome of the trial, the lawyer shall carefully record it and clarify it during the court investigation。

Article 92 In the course of court investigation, lawyers should carefully listen to the interrogation and questions of the defendant and be prepared to ask questions。

Article 93 After the interrogation by the public prosecutor and the questioning by the victim and his lawyer, the defense lawyer may, with the permission of the chief judge, put questions to the defendant。If the defendant does not admit the accused crime, he shall inquire about the circumstances and reasons。

Article 94 If the public prosecutor raises questions of a threatening, inducing or unrelated nature to the defendant, defense counsel shall have the right to raise objections。If the court rejects the objection, the decision of the court shall be respected。

Article 95 If a public prosecutor raises an objection to a lawyer's question, the lawyer may argue。If the court upholds the prosecutor's objection, the lawyer shall respect the court's decision and change the content or manner of questioning。

Article 96 The witnesses appearing in court of the accusing party shall be cross-examined from the following aspects:

(1) the relationship between the witness and the facts of the case;

(2) the relationship between the witness and the defendant or the victim;

(3) The relationship between the testimony and other evidence;

(4) the content and source of the testimony;

(5) the circumstances, conditions and mental state of the witness when he perceived the facts of the case;

(6) the perception, memory and expressive power of the witness;

(7) whether the witness has been interfered with or influenced by the outside world;

(8) the age of the witness and whether there is any physical or mental defect;

(9) Whether the testimony is inconsistent。

Defense lawyers should take into account the above aspects, timely opinions on the credibility of the witness testimony and explain the reasons, if there is any objection, they should debate with the prosecuting party。

If the public prosecution puts forward witnesses who are not on the witness list to testify, the defense counsel has the right to recommend that the court discredit or request the court to adjourn the trial。

Article 97 The expert witnesses and expert conclusions appearing in court shall be cross-examined from the following aspects:

(1) the relationship between the appraiser and the case;

(2) the relationship between the expert and the defendant or the victim;

(3) the qualifications of the appraiser;

(4) whether the appraiser has been subjected to external interference and influence;

(5) the basis and materials for the appraisal;

(6) Equipment and methods for appraisal;

(7) The relationship between the expert conclusion and other evidence;

(8) Whether the appraisal conclusion is based on scientific evidence。

Defense lawyers should synthesize the above aspects, timely express opinions on the credibility of the expert conclusion and state the reasons, if there is any objection, they should debate with the complainant。

Article 98 The material evidence presented by the complainant shall be cross-examined from the following aspects:

(1) the authenticity of the material evidence;

(2) the connection between material evidence and the case;

(3) the connection between material evidence and other evidence;

(4) issues to be proved by material evidence;

(5) whether the procedure for obtaining material evidence is legal。

Defense lawyers should synthesize the above aspects, timely opinions on the credibility of the material evidence and state the reasons, if there is any objection, they should debate with the prosecuting party。

When the prosecution presents material evidence outside the list of evidence, defense counsel has the right to recommend that the court discredit or request a continuance of the trial。

Article 99 The documentary evidence presented by the complainant shall be cross-examined from the following aspects:

(1) The source of the documentary evidence and whether it is the original;

(2) the authenticity of documentary evidence;

(3) the connection between documentary evidence and the case;

(4) The connection between documentary evidence and other evidence;

(5) the contents of the documentary evidence and the issues to be proved;

(6) whether the procedure for obtaining documentary evidence is legal。

Defense lawyers should synthesize the above aspects, timely express opinions on the credibility of the documentary evidence and state the reasons, if there is any objection, they should debate with the complainant。

Defense counsel has the right to recommend that the court dismiss or request a continuance of the hearing of evidence not included in the list of evidence presented by the prosecution。

Article 100 The written testimony of the witnesses who did not appear in court read to the prosecuting party shall be cross-examined from the following aspects:

(1) The reasons for the failure of the witness to testify in court and its impact on the case;

(2) whether the form and source of the witness's testimony are legal, and whether the content is complete and accurate;

(3) The relevant aspects specified in Article 95 of this Code。

Defense lawyers should take the above aspects into account, timely express their opinions and explain the reasons for the credibility of the testimony of the witnesses who did not appear in court, and if there is any objection, they should debate with the complainant。If necessary, it has the right to recommend disadmissibility or request adjournment, and to notify witnesses to appear in court。

The prosecution reads the testimony of witnesses outside the evidence list, and the defense counsel has the right to recommend that the court discredit or request the court to adjourn the trial and notify the witness to testify。

Article 101 The expert conclusions read out to the complainant shall be cross-examined from the following aspects:

(1) The reasons for the inability of the appraiser to appear in court and its impact on the case;

(2) Whether the form and source of the appraisal conclusion are legal, and whether the content is complete and accurate;

(3) Other relevant aspects as provided for in Article 97 of this Code。

Defense lawyers should synthesize the above aspects, timely express opinions on the credibility of the expert conclusion and state the reasons, if there is any objection, they should debate with the complainant。When necessary, defense lawyers have the right to suggest that the court discredit the case or request the court to postpone the trial, notify the expert witness to appear in court for cross-examination, and may also apply to the people's court for supplementary appraisal or reappraisal。

If the accusing party reads out the appraisal conclusion outside the evidence list, the defense lawyer has the right to suggest that the court discredit the appraisal or request the court to postpone the trial, notify the appraiser to appear in court for cross-examination, and may also apply to the people's court for supplementary appraisal or re-appraisal。

Article 102 The audiovisual materials provided and broadcast by the complainant shall be cross-examined in the following respects:

(1) the formation of audiovisual materials and the time, place and surrounding environment;

(2) whether the procedures for collecting audiovisual materials are legal;

(3) Equipment for broadcasting audio-visual materials;

(4) the content of audiovisual materials and the issues to be proved;

(5) Whether the audio-visual materials are forged or altered;

(6) Connection with other evidence。

After the audiovisual material is played, the defense lawyer shall, through the cross-examination of the above aspects, if the material is found to be untrue, or its content is not voluntarily done by the defendant, etc., put forward suggestions and reasons not to be accepted, the prosecution and defense parties can debate this, and the defense lawyer has the right to request the court to investigate and verify。

If the prosecution provides audiovisual material that is not included in the catalogue of evidence, defence counsel has the right to recommend that the court disprove it or request a continuance。

103. After the prosecution has finished presenting evidence, defence counsel shall apply to the court for the presentation of his own evidence。

Article 104 When presenting evidence, defence counsel shall explain to the court the form, content and source of the evidence and the issues to be proved, paying particular attention to the following:

(1) The legality of the sources of physical evidence, documentary evidence and audio-visual materials;

(2) the legality of the procedure for obtaining witness testimony, defendant statements and expert conclusions;

(3) the authenticity of the evidence;

(4) The evidence and the case and the connection between the evidence。

If the complainant objects to the evidence provided by the party, the defense lawyer shall conduct a targeted debate to maintain the credibility of the evidence provided by the party。

Article 105 In the course of investigation by the court, defense lawyers may request the people's court to transfer to the people's procuratorate evidentiary materials collected by the court that can prove the innocence or minor crime of the defendant。

Article 106 In the course of court proceedings, defence lawyers have the right to apply for notification of new witnesses to appear in court, to obtain new material and documentary evidence, and to apply for reappraisal or inquest。

Article 107 After the presentation and cross-examination of each fact of a case is completed, defense lawyers may express comprehensive opinions。

Article 108 If the investigation activities of the court do not conform to the provisions of the law or are not conducive to ascertaining the facts of the case, defense lawyers may make suggestions or objections according to law。

Court arguments in section 8

Article 109 At the stage of argument in court, defense lawyers should carefully listen to the complaints issued by the complainant, record the main points, and prepare for the argument。

Article 110 After the complainant has delivered his complaint opinions, the defence counsel shall, with the permission of the chief judge, deliver his defence opinions。

Article 111 The defense opinions shall, in response to the accusations of the complainant, analyze and demonstrate the facts from different aspects, such as whether the facts are clear, whether the evidence is indeed sufficient, whether the applicable law is accurate, whether the proceedings are legal, and put forward opinions and reasons for conviction and sentencing of the case。

Article 112 The defense of a defendant's innocence shall be made mainly from the following aspects:

(1) The evidence alleged by the complainant is insufficient and the defendant cannot be found guilty;

(2) The evidence provided by the complainant or the defense can prove that the defendant should be found not guilty according to law under the following circumstances;

1.The circumstances of the defendant's conduct are significant and minor, and the harm is not large, so it is not considered a crime;

2.The defendant acted lawfully;

3.The accused did not commit the criminal acts alleged by the complainant。

(3) Other circumstances in which the defendant is found innocent according to law。

Article 113 The defendant's guilty defense shall focus on the characterization of the case and the leniency, mitigation or exemption from punishment for the defendant。

Article 114 A lawyer's defense shall focus on issues related to conviction and sentencing, grasp the key points, highlight the key points, and do not dwell on minor issues。

Article 115 The evidence and legal articles cited by lawyers in their defense opinions must be clear and accurate and verified to be correct。

Article 116 A lawyer's defense speech shall have clear viewpoints, sufficient arguments, powerful arguments, rigorous logic, accurate wording and concise language。

Article 117 A lawyer's defense shall state his opinions and viewpoints to the court with a view to being accepted, and shall not take the auditors as the object of speech and grandstand。

Article 118 A lawyer who expresses his defense opinion shall convince others by reason, respect the court and the other party, and shall not satirize, mock, abuse or ridicule others。

Article 119 A lawyer's repeated defense speech should avoid repetition, highlight the key points, and focus on the new problems and new points of view of the complainant in a timely manner。

Article 120 In the court debate and the defendant's closing statement, lawyers find that there are new or missing facts and evidence that need to be verified, they may apply to resume the court investigation。

Article 121 In the course of court proceedings, if the defendant refuses or changes his lawyer in court, he shall terminate the entrustment relationship with him according to law。

In the course of the court hearing, if there is a legal reason for the lawyer to refuse to defend, he may request an adjournment, and refer to the provisions of Article 16 of these regulations to terminate the encommission procedure。

Article 122 If an illegal trial procedure is found in the course of a court hearing, lawyers shall point it out to the court and request correction。

Work after a nine-session recess

Article 123 After the adjournment, the lawyer shall promptly handle the handover procedures with the court regarding the evidence presented and read out in court。

After the adjournment of the hearing, the defence counsel shall sort out the defence opinions as soon as possible。

For the evidence presented in court, after the adjournment, the lawyer should handle the handover procedures with the trial personnel in a timely manner。

Article 125 After a judgment of first instance, lawyers shall have the right to obtain a written judgment。During the appeal period, the lawyer may meet the defendant, listen to his views on the content of the judgment and whether to appeal, and give legal help。

The sixth chapter serves as the defender of the second trial of the public prosecution case

Article 126 In handling public prosecution cases of second instance, lawyers shall go through the same entrustment procedures as those of first instance。When necessary, the lawyer of second instance may inquire about the case from the lawyer of first instance and request the provision of relevant materials, and the lawyer of first instance shall provide assistance。

Article 127 After accepting the entrusting charge, a defense lawyer may, at the request of the defendant, assist or write an appeal on his behalf。

Article 128 The requirements for defense lawyers in the second instance to review papers, meet with defendants, investigate and collect evidence are the same as those in the first instance。

Article 129 Where a case of second instance is held for trial, the requirements for lawyers to participate in the trial shall be the same as those of first instance。

Article 130 If a case of second instance is not tried in court, lawyers shall submit written defense opinions to the court and may provide new evidence。

Article 131 If a lawyer believes that the facts of the judgment of first instance are unclear or the evidence is insufficient, he shall request the court of second instance to hold a hearing。

Article 132 If the defendant continues to appoint a lawyer for a case in which the court of second instance has decided to remander the case for retrial, he shall go through the entrustment procedures again。

Chapter 7: Acting as AD litem agent for victims in public prosecution cases at trial stage

Article 133 A lawyer may be entrusted as an agent AD litem by a victim (including a citizen, legal person or other organization) in a case of public prosecution, a close relative of a deceased victim, or a legal representative of a victim with no or limited capacity for conduct。The entrustment procedures shall be handled in accordance with the provisions of Article 13 of these standards。

Article 134 After accepting the commission, a lawyer shall provide legal advice and other legal assistance to the client。

Article 135 If the victim of a public prosecution case and his lawyer receive a notice to appear in court within three days before the hearing, the lawyer has the right to request the court to change the date of the hearing。

If the court has decided to hold a hearing without notifying the victim and his lawyer to appear in court, the lawyer has the right to request the court to notify the victim and his lawyer to appear in court according to law。

Article 136 If a lawyer cannot appear in court on time for any reason after receiving a court hearing notice, the provisions of Articles 83 and 84 of these Regulations shall be referred to。

Article 137 Attorney shall, before the hearing of the case, inquire from the people's court whether the case will be heard in public。If the case involves the privacy of the victim, the people's court may be asked to hear the case in private。

Article 138 The attorney shall inform the victim of his right to challenge the members of the collegial panel, the clerk, the public prosecutor, the expert judge and the interpreter, and assist the victim in exercising this right。

Article 139 In the course of court proceedings, the attorney shall guide, assist or represent the client in exercising the following litigation rights:

(1) State the facts of the case;

(2) producing and reading out relevant evidence;

(3) Request the court to notify the witnesses, expert witnesses and producers of the records of the inspection who have not appeared in court to testify;

(4) With the permission of the chief judge, to ask questions of the defendant, witnesses, expert witnesses and the producer of the record of the inquest and examination;

(5) express opinions on the evidence;

(6) raise objections to threatening, inducing or irrelevant questions raised by the defendant or his defenders to the victim;

(7) to apply for notification of new witnesses to appear in court, to obtain new evidence, and to apply for reappraisal or inspection;

(8) When necessary, request the court to postpone the hearing。

Article 140 In court proceedings, the attorney shall cooperate with the public prosecutor, exercise the prosecution function according to law, and debate with the defendant and his defenders。Where the opinion of the agency is inconsistent with the opinion of the public prosecution, the attorney shall start from safeguarding the legitimate rights and interests of the victim, independently express the opinion of the agency, and may debate with the public prosecutor。

141 After the adjournment, the attorney shall inform the client to check the trial record, supplement the omissions or corrections, confirm the error and then sign or seal。

Article 142 A lawyer representing the victim and his legal representative who refuses to accept the judgment of first instance may assist or act on behalf of the client, and within five days after receiving the written judgment, request the people's procuratorate to protest。

Article 143 After a public prosecution case enters the procedure of second instance, the lawyer's representation work shall be carried out with reference to the relevant provisions of first instance。

Chapter 8 Acting as agent AD litem or defender for parties in private prosecution cases

Section 1 Acting as agent AD litem in private prosecution cases

Article 144 Lawyers may accept the entrustment of a private prosecutor and his legal representative to act as his agent AD litem。Before accepting the entrustment, the case should be examined whether it meets the scope of statutory private prosecution cases and the conditions for filing。The entrustment procedures shall be handled in accordance with the provisions of Article 13 of these standards。

Article 145 The attorney shall help the private prosecutor analyze the case, determine the defendant and the competent court, investigate and understand the relevant facts and evidence, and write the criminal complaint on behalf of the prosecutor。The complaint shall include the following:

(1) The name, age, nationality, native place, birthplace, educational level, occupation, work unit, address and other natural information of the private prosecutor and defendant;

(2) the facts of the defendant's crime, including time, place, means, harmful consequences, etc.;

(3) the crime committed by the defendant's act;

(4) specific claims;

(5) the name and time of filing to the people's court;

(6) the name and address of the witness;

(7) Name, number and source of evidence。

If there are two or more defendants, copies of the complaint shall be provided in accordance with the number of defendants。

Article 146 Where a private prosecutor simultaneously requests civil compensation, the attorney may assist him in preparing a civil complaint attached to the criminal act, stating the damage caused by the defendant's criminal act, the specific claim for compensation and the basis for calculation。The accompanying civil litigation agent shall go through the corresponding entrustment procedures。

Article 147 When a lawyer brings a private prosecution on his behalf, he shall bring the following materials and documents:

(1) identity documents of the private prosecutor;

(2) a bill of criminal complaint;

(3) evidentiary materials and catalogues;

(4) Power of attorney;

(5) a letter of introduction from a law firm;

(6) Lawyer practice certificate。

If an incidental civil action is brought at the same time, a criminal incidental civil complaint shall be submitted。Where the civil part is sued separately, an accompanying civil complaint shall be submitted separately。

Article 148 Where the people's court, after reviewing a private prosecution case, requests the private prosecutor to supplement evidence or withdraw the private prosecution, the lawyer shall assist the private prosecutor in completing the supplementary evidence work or consult with the private prosecutor on whether to withdraw the private prosecution。

Article 149 If the people's court refuses to file a private prosecution case, lawyers may apply to the people's court for reconsideration on behalf of the private prosecutor。

Article 150 If the people's court decides to hold a hearing, the lawyer acting for the court shall make preparations before the hearing。For evidence that they cannot obtain, they may apply to the people's court to investigate and collect evidence according to law。

Article 151 In a criminal private prosecution case, where the defendant files a counterclaim, the attorney may be entrusted by the private prosecutor to act as his counterclaim defender, provided that the corresponding entrustment procedures shall be completed。

Article 152 The attorney shall inform the private prosecutor of the legal provisions relating to the opening of a private prosecution case, so as to avoid the legal consequences of the court's automatic withdrawal due to the private prosecutor's refusal to appear in court or his unauthorized withdrawal。If the private prosecutor cannot entrust an attorney to appear in court for some reason, the attorney shall appear in court on time to perform his duties。

Article 153 At the hearing of a private prosecution case, the attorney shall assist the private prosecutor in fully exercising the prosecution function and prove the prosecution's allegations with evidence。

Article 154 If a private prosecution case can apply summary procedures according to law, the attorney may request the people's court to apply summary procedures on behalf of the private prosecutor。If a private prosecution case should not be subject to summary procedure according to law, the attorney may object to the court's decision to apply summary procedure on behalf of the private prosecutor。

Article 155 After the court debate in a private prosecution case is concluded, the attorney may participate in court mediation as authorized by the client。

Article 156 The attorney shall assist the private prosecutor in deciding whether to settle with the defendant or withdraw the private prosecution before the court announces the judgment。

Article 157 The handling of private prosecution cases of second instance by lawyers shall be carried out with reference to the relevant provisions of this section。

Section 2 Acting as the defender of the defendant in a private prosecution case

Article 158 A lawyer may accept the entrustment of a defendant in a private prosecution case to act as his defender, and the entrustment procedures shall be handled in accordance with the provisions of Article 13 of these Standards。

Article 159 When a lawyer is entrusted by a defendant in a private prosecution case to act as his defender, he shall pay attention to the following matters:

(1) The defendant in a private prosecution case has the right to file a counterclaim;

(2) If the private prosecutor fails to appear in court without justifiable reasons after being legally summoned twice or withdraws midway without the permission of the court, the case shall be treated as withdrawal;

(3) A private prosecution case may be demodulated;

(4) The private prosecutor may settle with the defendant on his own, or withdraw the private prosecution。

Article 160 For a detained defendant in a private prosecution case, a defense lawyer may apply for bail on his behalf pending trial。For specific measures, refer to the relevant provisions of Chapter 3, Section 5 of this Code。

Article 161 The activities of the defender of the defendant in a private prosecution case in the first instance, the second instance and the summary procedure shall be carried out in accordance with the relevant provisions of Chapters 5, 6 and 10 of this Code。

Chapter 9 Acting as agent AD litem for parties to incidental civil actions

Section 1 Acting as an agent AD litem for a plaintiff in an incidental civil action

Article 162 A lawyer may accept the entrustment of a victim in a public prosecution case, a private prosecutor in a private prosecution case and his legal representative to act as an agent AD litem in an incidental civil action。Persons who may authorize a lawyer to bring an incidental civil action include victims (citizens, legal persons and other organizations) who have suffered material losses as a result of criminal acts, close relatives of deceased victims, and legal representatives of victims who have no or limited capacity to act。The entrustment procedures shall be handled in accordance with the provisions of Article 13 of these standards。

Article 163 Before accepting entrustment, a lawyer shall examine the following:

(1) whether a criminal action has been initiated as a prerequisite for filing an incidental civil action;

(b) whether the defendant in the incidental civil action meets the statutory requirements (the defendant in the incidental civil action is not the criminal defendant，It also includes other co-perpetrators who have not been held criminally responsible，Guardian of a minor criminal defendant，The heir to the estate of a criminal who has been executed，Heirs to the estate of a defendant who died before the trial，Units and individuals that should be liable for civil compensation according to law for the criminal acts of the criminal defendant;

(3) whether the victim's material loss was caused by the defendant's criminal act;

(4) Whether the time of filing of the incidental civil action is before the first instance judgment is pronounced after the filing of the criminal case。

Article 164 After accepting the entrustment, the attorney shall write an accompanying civil complaint on behalf of the client, the basic contents of which include:

(1) the natural circumstances of the plaintiff and defendant in an incidental civil action;

(2) specific claims;

(3) basic facts and reasons;

(4) the name and time of filing to the people's court;

(5) relevant evidentiary materials。

Article 165 Where a people's court decides not to file an incidental civil suit, it may suggest that the client file a separate civil suit。

Article 166 Agency lawyers shall guide and assist clients in collecting evidence, conducting investigations and applying for appraisal。

Article 167 When bringing an incidental civil action, the attorney may advise or assist the client in applying for the people's court to seize or seal up the defendant's property。

Article 168 An agent lawyer shall note and inform his client that if he refuses to appear in court without justifiable reasons after being summoned twice by the people's court, or if he withdraws midway without the permission of the court, the suit will be automatically withdrawn。

Article 169 Attorney in court shall enjoy the following rights:

(1) With the authorization of the trustee, an application for withdrawal may be made to the members of the collegial panel, the clerk, the public prosecutor, the appraiser and the interpreter of the case;

(2) State the facts of the case;

(3) Presenting and reading out their own evidence;

(4) Apply to the court to notify the witness of the party to testify in court;

(5) to question the defendant, witness or expert witness with the permission of the presiding judge;

(6) raising objections to the evidence of the other party;

(7) raise objections to the improper questioning of the other party's agent;

(8) Express agency opinions。

Article 170 Agent lawyers shall guide clients to participate in mediation and prepare mediation plans。

Article 171 If the plaintiff refuses to accept the part of the judgment or ruling of first instance attached to the civil action, the lawyer shall assist him in filing an appeal。

Article 172 After an incidental civil action has entered the second instance procedure, a lawyer may accept the entrustment of the plaintiff in an incidental civil action to act as an agent AD litem of the second instance。

Article 173 Where a lawyer participates in an incidental civil action of second instance, it shall be handled with reference to the relevant provisions of the procedure of first instance。

Section 2 Acting as an agent AD litem for a defendant in an incidental civil action

Article 174 A lawyer may accept the entrustment of a defendant in an incidental civil action and his legal representative to act as an agent AD litem in the proceedings of first or second instance。The entrustment procedures shall be handled in accordance with the provisions of Article 13 of these standards。

Article 175 A defense lawyer of a defendant in criminal proceedings may also be entrusted to act as an agent AD litem for the defendant in incidental civil proceedings。

Article 176 Proxy lawyers shall help the defendant to write a defense, conduct investigations, collect evidence, apply for expert identification, participate in court hearings, present evidence, cross-examine evidence, debate, and express proxy opinions。His litigation rights are the same as those of the lawyer for the plaintiff in the incidental civil action。

Article 177 Incidental Civil action If the defendant refuses to accept the part of the incidental civil action of the judgment of first instance, the lawyer shall assist him in initiating a civil action。

Ten chapters: Defense and representation of summary procedure

Article 178 A defendant in a public prosecution case and a defendant in a private prosecution case may appoint a lawyer to serve as a defender;Victims of public prosecution cases and private prosecutors in private prosecution cases subject to summary procedures may appoint lawyers to act as agents AD litem。The entrustment procedures shall be handled in accordance with the provisions of Article 13 of these standards。

Article 179 A lawyer acting as a defender of a defendant in a public prosecution case or a private prosecution case, or an agent AD litre of a victim in a public prosecution case or a private prosecutor in a private prosecution case, shall clarify the legal provisions on summary procedures to the client。For cases that do not comply with Article 174 of the Criminal Procedure Law and are subject to summary procedures, they may raise an objection to the people's court and request that they be transferred to ordinary procedures。

Article 180 In a public prosecution case with summary procedure, where the public prosecutor does not appear in court, after the defendant has made statements and defended the crimes charged in the indictment, the defense lawyer may produce relevant evidence and express defense opinions。

Article 181 In a public prosecution case where summary procedures are applied, when the public prosecutor appears in court, defense lawyers may cross-examine evidence with the public prosecutor and apply to the court to notify the witness to appear in court to give evidence;Leave to argue with each other。

Article 182 In private prosecution cases where summary procedures are applied, the lawyers representing the private prosecutor and the defense lawyers of the defendant may make statements in accordance with the law, present evidence and cross-examine evidence, express their opinions on representation and defense, and debate with each other。

Article 183 In a case where summary procedure is applied, when the following circumstances are found in the course of the court hearing, the defense counsel shall recommend that the court suspend the hearing and transfer it to ordinary procedure:

(1) The conduct of the defendant in a public prosecution case does not constitute a crime;

(2) The defendant in the case of public prosecution should be sentenced to fixed-term imprisonment of not less than three years;

(3) The defendant restates his confession in court and denies the criminal facts charged in the indictment;

(4) defense lawyers prepare to plead not guilty;

(5) The facts are unclear or the evidence is insufficient;

(6) other cases that should not or are not suitable for summary procedures according to law。

十一章担任申诉案件的代理人

Article 184 A lawyer may accept the entrustment of a party to a case, his legal representative or his close relatives, and lodge a complaint with a people's court or a people's procuratorate against a legally effective judgment or order. The entrustment procedures shall be referred to the provisions of Article 13 of these Regulations。

Article 185 If a lawyer has reason to believe that the complaint meets one of the following circumstances as provided for in the Criminal Procedure Law, he may request the people's court to retry the case according to law, and may also file a protest with the people's procuratorate according to law:

(1) There is new evidence to prove that the facts identified in the original judgment or written order were wrong;

(2) The evidence on which conviction and sentencing are based is inaccurate or insufficient, or there is a contradiction between the main evidence proving the facts of the case;

(3) Errors in the application of the law in the original judgment or written order;

(4) The adjudicators engaged in embezzlement, accepting bribes, engaging in malpractices for personal gain or bending the law in adjudicating the case。

Article 186 If a people's court decides to retry a complaint case, lawyers shall defend or represent the case in accordance with the original trial procedures, but shall go through the entrusts formalities separately。

Twelve chapters Supplementary Provisions

Article 187 This Code shall apply to lawyers undertaking criminal defense services and criminal agency services throughout the country, and the All China Lawyers Association shall be responsible for interpretation。

Article 188 If the relevant provisions formulated by lawyers associations of provinces, municipalities and autonomous regions of the country do not conform to these Standards, these Standards shall prevail。

Article 189 These regulations were adopted at the third plenary meeting of the Fourth Standing Council of the All China Lawyers Association。Effective from 1 January 2000。At the same time, the Code for Lawyers Handling Criminal Cases (Trial implementation) promulgated in 1997 was suspended for trial implementation。