Defense Lawyer Criminal Liability Study

Lawyers' criminal liability assumes special importance in Chinese criminal law as a result of the following: 1. Article 306 of the Criminal Law specifically provides for a crime for defenders and litigation agents to destroy, forge, or tamper with evidence; 2. Many lawyers have been jailed for issues related to evidence unjustifiably and for unknown reasons since the implementation of the current Criminal Procedure Law and Criminal Law.Lawyers' criminal liability is a deep concern to the legal profession and draws widespread attention from all walks of life. This further reinforces the importance of research related to this issue from both a theoretical and practical perspective. While lawyers may violate criminal law in criminal defense, the author strongly opposes to Article 306 of the Criminal Law providing for lawyers' criminal liability related to evidence. The author proposes to repeal this provision for lack of justification, discrimination against the legal profession, destruction of legal system balance, aggravation of occupational retaliation, and duplication with Article 307 of the Criminal Law.Statistics show that hundreds of lawyers have been jailed since the promulgation of the new Criminal Law for violating Article 306 of the Criminal Law. Furthermore, the new Criminal Procedure Law has become known to lawyers as "a trap filled with flowers". This article analyzes the abnormal procedure related to prosecuting attorneys for criminal liability and explores reasons for prosecutors' abuses in criminal prosecution of lawyers. The author advocates improving the prosecution system as related to lawyers' criminal liability.To completely change the dilemma surrounding criminal defense in China and to create an environment conducive for such defense, the author is of the view that, in reforming the Chinese legal system and improving substantive laws, consideration should be given to unique factors related to lawyer's involvement in criminal lawsuits. Furthermore, the author suggests exculpation of criminal liability for lawyers with respect to their speech, furnishing or presenting untrue documentation in criminal defense to ensure their personal freedom and defense freedom.Finally, the author performs an in-depth analysis of lawyer's criminal liability in the...