China / Society

Rules ensure lawyers' access to suspects

(Xinhua) Updated: 2012-12-28 20:13

BEIJING - A set of new rules on criminal procedures stipulate that law enforcement entities should ensure that lawyers meet their clients within 48 hours of receiving a request to do so.

"During the investigative period, a defendant's attorney has the right to request information from investigators regarding the main facts pertaining to the suspect's crimes, any mandatory measures imposed, altered or lifted concerning the suspect and decisions to extend the detention period," the regulation states.

The regulation, jointly released on Friday by six high-level departments, including the Supreme People's Court, Supreme People's Procuratorate and the Ministry of Public Security, includes detailed stipulations in line with the newly amended Criminal Procedure Law that stresses "respecting and protecting human rights."

According to the regulation, defense attorneys have the right to require people's procuratorates to collect evidence that might prove the defendant's innocence but have not been submitted by police departments.

The stipulation aims to address a phenomenon in which local police departments and prosecutors deliberately cover up evidence that is in favor of defendants in the hopes of quickly wrapping up cases.

If an attorney is alleged to have committed crimes during a case, police departments or procuratorates should ask investigators who are superior to the investigators handling the case in question to designate a separate investigation department to probe the attorney, the regulation says.

According to the rules, a court investigation should be launched to determine the validity of evidence collected if the court, after reviewing materials presented by defense attorneys and procurators, deem some or all of the evidence to have been collected through illegal means.

The regulation will take effect on January 1, 2013.

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