03

2020

-

06

Legal Shengbang Dynamics | The Criminal Business Department successfully held a special lecture on "Risk Prevention and Control of Young Lawyers Handling Criminal Cases"!

In recent years, lawyers have been punished for violating laws and regulations during their practice, and even face criminal prosecution.


In recent years, lawyers have been punished for violating laws and regulations during their practice, and even face criminal prosecution. In view of this, in order to enhance the awareness of professional risk prevention and enhance the ability of our young lawyers to handle criminal cases, our Criminal Business Department held a unique special lecture on "Professional Risk Prevention and Control of Young Lawyers Handling Criminal Cases" online on June 3, 2020 using Tencent Conference software.

This lecture will be hosted by Lawyer Chen Liang, Senior Partner and Director of the Criminal Business Department of our institute. Lawyer Liu Xinggui, senior partner and member of the management committee of our firm, Lawyer Li Xiujiao, and nearly 40 young lawyers attended the lecture. Lawyer Liu Xinggui, on behalf of the Law Firm Management Committee, fully affirmed the online special lecture held by the Criminal Business Department.

This lecture is divided into two parts. The first part focuses on the practice risks that lawyers may face in handling criminal cases, and proposes targeted prevention suggestions. The second part is interactive communication among lawyers.

Lawyer Chen Liang has rich experience in criminal cases and is familiar with the handling procedures at various stages of criminal cases. Based on the different litigation processes of criminal cases, he gave lectures in simple and profound terms on the seven major types of criminal practice risks that should be paid attention to during the entire process of criminal defense from the lawyer's acceptance of the client's commission to the end of the court trial, combined with his own case handling experience and some typical cases reported by the media.

Lawyer Chen Liang mentioned that if lawyers do not strictly regulate the handling of criminal cases, they may face significant professional risks. Lawyer Chen Liang first elaborated on the types of professional risks that lawyers may face in handling criminal cases, mainly including administrative liability risk, industry disciplinary risk, and criminal liability risk. Lawyer Chen Liang focuses on the risk of criminal liability. Regarding this, Lawyer Chen Liang mentioned that the possible offenses that lawyers may commit during the practice process include: 1. the crimes of destroying evidence, forging evidence, and obstructing testimony stipulated in Article 306 of the Criminal Law by defenders and litigation agents; 2. The crime of intentionally or negligently disclosing state secrets as stipulated in Article 398 of the Criminal Law; 3. The crime of disrupting court order as stipulated in Article 309 of the Criminal Law; 4. The crime of harboring or sheltering as stipulated in Article 310 of the Criminal Law; 5. Article 307-1 of the Criminal Law stipulates the crime of false litigation, as well as the crimes of fraud and extortion. Lawyer Chen Liang summarized that there are three overall principles for lawyers to deal with professional risks: diligence, prudence, and the courage to defend.

Lawyer Chen Liang emphasized in his lecture the potential risks and corresponding preventive measures that lawyers may encounter in handling criminal cases, including receiving clients, accepting commissions, meeting with family members, reviewing papers, conducting investigations and evidence collection, and appearing in court for defense. The specific content is:

1、 Acceptance stage

1. Analyzing the case and predicting the direction should be rational and cautious, and absolutism should be avoided.

2. The introduction of case handling ideas and work content should be legal and compliant, and illegal means such as false propaganda should be avoided.

3. Understand the identity relationship between the client and the parties involved, and avoid falling into the trap of shielding cases.

4. Sensitive cases involving criminal activities and crimes should be promptly filed for filing.

2、 Meeting with parties involved

1. Safeguard lawyers' right to meet in accordance with the law.

2. Meet in accordance with the law and regulations.

3、 Defense work after the meeting

After the lawyer meets, he/she should submit written opinions to the handling unit in a timely manner, submit legal documents such as an application for bail pending trial, a legal opinion on not approving arrest, and an application for reviewing the necessity of continuing detention.

4、 Communication with the client

1. Lawyers should dissuade family members and clients from making illegal demands.

2. Do not discuss the specific behavior of the parties involved with the client or others.

5、 Grading papers

1. Verify evidence with the parties in accordance with the law and regulations.

2. After reviewing the examination papers, timely communication should be made with the investigating authorities and defense opinions should be submitted.

6、 Investigation and evidence collection must be conducted in accordance with the law and regulations, and relevant evidence collection procedures and requirements cannot be omitted.

7、 Court Trial

1. Pre court counseling should be provided, but the relationship between pre court counseling and court questioning should be handled with caution.

2. The defense should consider the entire case comprehensively when presenting evidence.

3. When releasing defense statements and other lawyer handling documents to the public, it is strictly prohibited to disclose the privacy information or specific criminal methods of the parties involved.

The second part of the lecture is lawyer interaction. Lawyers Wu Jinsong, Yu Hailiang, Yuan Ju, Yang Juan, and others shared their respective experiences and insights.

Lawyer Chen Liang concluded that when handling criminal cases, lawyers must first safeguard the correct implementation of the law and the legitimate rights and interests of the parties involved in accordance with the law. Secondly, in the process of practicing, it is necessary to strictly abide by laws and regulations and the professional ethics of lawyers, handle cases strictly in accordance with the law and regulations, properly handle relationships with judicial staff, and prevent professional risks.

After the lecture, young lawyers online expressed that by participating in this learning activity, they learned a lot of lawyer practice risks that they usually did not pay attention to, and also learned many practical case handling skills and methods, benefiting greatly. In response, the Criminal Business Department of our institution will continue to carry out more targeted business training activities in the future.