On The Research Of The Professional Ethics Of Attorneys For The Defense’s Meeting With Suspects In The Stage Of Examination And Prosecution

The professional ethics of attorneys is an important standard of regularizing their professional behavior. It mainly contains the duty of diligence and confess, etc. It is the code criteria on which attorneys base when facing a choice that shows the defender’s standard of value on professional ethics.This article is divided into four parts:The first part will take "Li Zhuang" case as a point of penetration and draw forth the dilemma of the defense’s meeting with suspects the suspects in the examination and prosecution stage. And we’ll find the legislation root of the dilemma from the rule of meeting right of lawyers and assisting behavior in current legislation.The second part will define the connotation of the professional ethics of attorneys, and put forward that the professional ethics is the moral values and code of conduct which should be observed in lawyer’s operations. This part introduces analysis the professional ethics of attorneys which mainly contains the duty of diligence and confess, etc. Also, it discusses the legitimacy and necessity of the professional ethics of attorneys’conduction on the defense’s meeting with suspects in the examination and prosecution stage.The third part is mainly about whether attorneys can induce withdrawing confession problem in the examination and prosecution stage under the perspective of the professional ethics of attorneys. We will draw forth the notion of attorneys’ inducing the defendant to withdraw a confession through the clarification of the notion of the defendant’s withdrawing the confession. Based on the balance between the duty of diligence and confess in the professional ethics of attorneys, attorneys’inducing the defendant to withdraw a confession is permissible, except a leading of false confession when the lawyer know exactly what the truth is.The fourth part is mainly about whether attorneys can inform the materials of the case in the examination and prosecution stage under the perspective of the professional ethics of attorneys. We’ll discuss separately on whether should he inform the accomplice the oral confession and other material of the case. The possibility of being censured for the act in collusion to make each other’s confessions identical because of attorneys’informing the accomplice the oral confession. Also, the duty of diligence in the professional ethics of lawyer is advocated in Anti-mode system of litigation. These two aspects provide practical evidence and theoretical foundation for attorneys’informing the accomplice the oral confession in the stage of examination and prosecution. The selective informing of the other case material by the attorneys that is the result of the balance between the duty of diligence and confess.