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List of Procedures for Lawyers to Handle Criminal Cases (2022 Edition)

author：e Lawyer
General norms for the acceptance of cases
Information that lawyers should have

1. Confirm the identity of the visitor and his or her relationship with the parties to the case

2. Analyze the legal relationship based on the facts described by the client and confirm whether it is a criminal case

3. The background in which the case took place

4. The basic facts of the case

5. The litigation stage of the case, the unit handling the case, and the case-handling personnel

6. The work that the client has already done for the case

8. The purpose for which the client retains the lawyer

9. Other information that the lawyer believes should be known

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1. Before the case is formally accepted, the lawyer answers the legal advice to the client

2. After obtaining the client's intention to entrust, the lawyer shall discuss the matter of charging fees with the client as soon as possible

3. The lawyer shall not make any commitment to the outcome of the case

4. The same lawyer must not defend two or more suspects or defendants in the same case, and must not defend two or more criminal suspects or defendants who have not been handled in the same case but are suspected of being related to the crime

5. Where the same law firm accepts the entrustment of two or more suspects or defendants in the same case and separately appoints different lawyers to serve as defenders, it must inform the client and obtain their consent (special attention must be paid to anti-gang crime and anti-evil cases)

6. No defense or representation shall be refused without a legitimate reason. However, where the matters entrusted are illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent.

7. Where a lawyer has serious disagreements with the parties or clients on a defense or representation plan and cannot reach an agreement, they may negotiate with the client on behalf of the law firm to terminate the entrustment relationship. After the retention relationship is terminated, the lawyer shall promptly inform the case-handling organs.

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1. Lawyers accepting a client shall have the following formalities handled by the law firm:

(1) The law firm signs the Entrustment Agreement with the client;

(2) The client signs a power of attorney;

(3) Law firms issue relevant litigation documents required for case handling.

Law firms shall retain the originals or stubs for future reference in the above procedures.

Lawyers accepting entrustment to handle criminal cases may be handled separately by law firms at each stage of litigation, such as investigation, review for prosecution, first-instance trial, second-instance trial, death penalty review, appeal, and retrial, or they may handle it at one time.

Lawyers accepting a commission in a "sweeping away organized crime and eliminating evil forces" cases shall promptly report to the law firm and the judicial-administrative organs separately.

2. Lawyers shall commence work after collecting attorneys' fees

3. In cases where a defense is designated, the designated documents of the people's court or legal aid center are used as the basis for accepting the case, and no agreement is required
Delegated at all stages of litigation Reconnaissance phase

1. When accepting a case, the lawyer shall, as far as possible, learn about the following circumstances from the client:

(1) The crimes that the criminal suspect is suspected of

(2) Basic information such as the criminal suspect's personal information

(3) The client's basic circumstances and their relationship with the criminal suspect (the detention center may verify or require proof of relationship at the time of the meeting)

(4) The basic circumstances of the case

(5) The specific requirements and purpose of the client

(6) Whether the case is a special case of crimes endangering national security or terrorist activities (meetings may be restricted), pay attention to the current special struggle to "eliminate organized crime and eliminate evil forces", and the phenomenon of restricting lawyers' meetings is very common

(7) The client's communication with the investigative authorities and the work they have already done

(8) Contact information of investigative organs and undertakers

(9) Whether the criminal suspect is being detained and the place of detention

2. During the investigation stage, lawyers must go through the following procedures:

(1) "Power of Attorney" signed by the principal

(2) Letter from a Law Firm

(3) "Special Letter of Introduction for Lawyers to Meet with Detained Criminal Suspects"

(4) Lawyer's id
Review of the prosecution phase

1. When accepting a commission during the review and prosecution phase, lawyers shall learn the following information:

(1) Whether a lawyer has been hired during the investigation stage, if a lawyer has been hired, whether the lawyer has already done the work, and whether he or she continues to participate in litigation activities

(2) The time when the case entered the review and prosecution stage, and whether there have been cases of returning to supplementary investigation

(3) The client's communication with the investigating and reviewing prosecution organs

(4) Review the contact information of the prosecuting organ and the undertaker

(5) Whether the criminal suspect is being detained, the place of detention, and the circumstances of previous meetings

(6) Other information

2. Procedures necessary for lawyers during the review and prosecution stage:

(1) A power of attorney signed by the principal

(2) Letter from the law firm

(3) A special letter of introduction from the lawyer to meet with the detained criminal suspect

(4) Lawyer's id card and copy
Trial phase

1. When accepting a commission during the trial phase, the lawyer shall know the following information:

(1) Whether a lawyer has been hired during the investigation stage or the examination and prosecution stage, and if a lawyer has been hired, whether the lawyer has already done the work, and whether he or she continues to participate in litigation activities

(2) The time when the case enters the trial stage

(3) Communication between the client and the investigating and reviewing prosecution organs and adjudication organs

(4) The contact information of the adjudication organ and the undertaker

2. During the trial stage, the necessary procedures for lawyers:
Meets
Meet the general norms

1. Lawyers shall learn about the following circumstances before meeting with detained criminal suspects:

(1) Whether other materials are required in addition to the "three certificates"

(2) Reception hours for the work of the detention center

(3) Whether there are special requirements for lawyer meetings, especially during the COVID-19 epidemic, whether it is necessary to provide other materials or protective equipment other than the "three certificates"

(4) Whether the meeting is a special case of endangering national security, terrorist activity crimes, crimes related to criminal syndicates and evil forces, and whether approval is required

2. Where detention centers are unable to arrange meetings in a timely manner, lawyers shall promptly report to relevant departments such as the case-handling unit, resident procurators, procuratorial organs, and must not have direct conflicts with relevant personnel

3. After determining the time for meeting with a detained criminal suspect or defendant, the lawyer shall immediately notify the client of the circumstances in which the meeting will be held, and find out whether they have any lawful matters that are not related to the original documents that specially require the lawyer to handle family chores, such as conveying greetings and explaining household chores

4. Lawyers should bring at least the following documents to their meetings:

(2) A special letter of introduction from the lawyer to meet with the detained criminal suspect

(3) Original lawyer's ID card (copy required for individual detention centers)

(4) Identification of the relationship between the client and the suspect (required by individual detention centers)

(5) Meeting templates, transcript paper, printing tables, stationery and other items

Note: Due to the impact of the new crown epidemic, the epidemic prevention and control policies throughout the country have been frequently adjusted, and various localities have put forward different requirements for meeting with lawyers, and it is recommended that lawyers confirm the meeting policy with the detention center before going to the detention center in other places to meet, and reasonably arrange travel.

During the COVID-19 epidemic, the general meeting requirement is to have a nucleic acid test report, health certificate and action trajectory within 48 hours, a personal commitment letter, and even individual detention centers are required to wear protective clothing, goggles, gloves, foot covers and other protective equipment.

5. Lawyers may operate according to the circumstances of the specific case when meeting, but each meeting must include the following:

(1) Convey greetings from relatives and friends to criminal suspects or defendants

(2) Understand and care about their living conditions during their detention

(3) Provide them with necessary comfort and encouragement

(4) Get an update on the development of the case they know

(5) Introduce them to the latest developments in the case, and anticipate the possible future progress of the case procedures in accordance with law and practice

(6) Answer legal advice submitted by criminal suspects or defendants

6. When meeting with criminal suspects or defendants, they shall focus on learning about the following circumstances:

(1) Basic information such as the criminal suspect's or defendant's personal information;

(2) Whether the criminal suspect or defendant has committed or participated in the suspected crime;

(3) Whether the criminal suspect or defendant has objections to the facts and charges investigated by the investigative organs, and whether there are objections to the facts and charges that the indictment opinion or indictment determines to be suspected or charged;

(4) The criminal suspect or defendant's defense of innocence or lightness;

(5) Whether the criminal suspect or defendant has voluntarily surrendered, made meritorious contributions, returned stolen goods, compensated for other sentencing circumstances such as lenient, mitigated, or exempted punishment;

(6) Whether the criminal suspect or defendant has criminal preparations, suspension of crimes, attempted crimes, and other forms of crime;

(7) Whether the case filing and jurisdiction comply with the provisions of the law;

(8) Whether the legal procedures for taking compulsory measures are complete and whether the procedures are legal;

(9) Whether there are cases of illegal evidence collection such as extorting confessions by torture, as well as other situations that infringe on personal rights and procedural rights;

(10) Circumstances where the property of the criminal suspect, defendant, or his or her relatives is sealed, seized, or frozen;

(11) Whether the confessions and defenses collected by the investigative organs are consistent with the statements made at the lawyer's meeting, whether there is repetition and the reason for the recurrence;

(12) Other circumstances related to the case that need to be understood.

7. During the meeting, communication shall be made with the criminal suspect or defendant on the defense plan and defense opinions at the corresponding stage

8. Inform the legal significance and consequences of admitting guilt and accepting punishment

9. Where a record of the meeting is made, it shall be submitted for signature and confirmation

10. With the consent of the detention center, defense lawyers may accept written materials related to defense submitted by criminal suspects or defendants, and may also provide documents and materials related to defense to criminal suspects or defendants
Meeting during the investigation phase

1. Lawyers may meet with criminal suspects holding lawyer practice certificates, law firm certificates and power of attorney, or official legal aid letters

2. Lawyers meeting with cases of crimes endangering national security or terrorist activities shall obtain permission from the investigating organs

3. Lawyer meetings may be made in advance with the detention center by telephone or online

4. Lawyers' meetings shall proactively remind criminal suspects of their important legal rights
Meetings during the review and prosecution phase

Follow the general specifications of the meeting

1. From the date the case is transferred for review for prosecution, defense lawyers may verify relevant evidence with the criminal suspect or defendant.

2. Inform in advance of the nature and legal consequences of the plea
Meetings during the trial phase

In addition to operating in accordance with the general specifications of the meeting, the following work should be carried out:

(1) The meeting before the hearing shall introduce the court trial procedures to the defendant, informing the defendant of his or her procedural rights, obligations, and precautions to be taken during the trial

(2) Determine the defense strategy and defense direction

(3) After the first-instance judgment, return to the meeting within the statutory appeal period to confirm whether to appeal
Apply for a change of enforcement measures
Apply for release on guarantee pending further investigation

1. After lawyers accept the entrustment, on the basis of the circumstances of the case they have learned, they shall consider whether the criminal suspect or defendant who is in custody or under residential surveillance meets the requirements for applying for release on guarantee pending further investigation.

2. Where a criminal suspect or defendant in custody or under residential surveillance meets any of the following circumstances, the defense lawyer shall apply for release on guarantee pending further investigation: (Note: In cases of anti-gang crime and evil forces, the conditions for release on guarantee pending further investigation will be strictly mastered)

(1) Where it may be sentenced to public surveillance, short-term detention, or the independent application of additional punishments;

(2) May be sentenced to fixed-term imprisonment or above, and employ measures for release on guarantee pending further investigation will not cause danger to society;

(3) The criminal suspect or defendant suffers from a serious illness, is unable to take care of himself, and employs measures to release on guarantee pending further investigation so that social danger does not occur;

(4) The criminal suspect or defendant is pregnant or nursing his or her own baby, and employing measures for release on guarantee pending further investigation does not cause danger to society;

(5) The period of detention has expired, the case has not yet been completed, and it is necessary to employ measures for release on guarantee pending further investigation.

3. Where the client requests that the defense lawyer apply for release on guarantee pending further investigation for a criminal suspect or defendant who is detained or under residential surveillance, the defense lawyer shall apply for release on guarantee pending further investigation if he or she finds that the conditions for release on guarantee pending further investigation are met; where the defense lawyer finds that the conditions for release on guarantee pending further investigation are not met, he shall explain the circumstances to the client and recommend that an application for release on guarantee pending further investigation not be submitted, and where the client insists on applying, the defense lawyer may recommend that the criminal suspect or defendant's close relatives apply for release on guarantee pending further investigation, and write an application for release on guarantee pending further investigation.

Defense lawyers must not promise their clients that release on guarantee pending further investigation will be successful.

4. Before a defense lawyer applies for release on guarantee pending further investigation for a criminal suspect or defendant, he may meet with the parties and inquire about the method of guarantee.

Defense lawyers cannot act as guarantors for criminal suspects or defendants.

5. The defense lawyer shall inform the guarantor of the legal obligations he or she shall perform.

6. When the period for a criminal suspect or defendant to be released on guarantee pending further investigation expires, the defense lawyer shall apply to the corresponding people's court, people's procuratorate, or public security organ to release on guarantee pending further investigation.
Apply for a change in residential surveillance

1. Where a criminal suspect or defendant in custody has any of the following circumstances, the defense lawyer shall apply for residential surveillance for him/ her:

(1) Suffering from a serious illness and unable to take care of themselves;

(2) A woman who is pregnant or breastfeeding her own baby;

(3) The sole custodian of a person who is unable to take care of himself;

(4) Because of the special circumstances of the case or the need to handle the case, it is more appropriate to employ residential surveillance measures;

(5) The period of detention has expired, the case has not yet been completed, and it is necessary to employ residential surveillance measures.

2. Where a criminal suspect or defendant under residential surveillance at a designated location has a fixed residence, and where enforcement at the residence does not hinder the investigation, and where the defense lawyer finds that he or she no longer meets the requirements for residential surveillance at the designated location, he or she shall apply to the corresponding people's court, people's procuratorate, or public security organ to change the compulsory measures to release on guarantee pending further investigation or to place under residential surveillance at the residence.

3. Where defense lawyers find that criminal suspects or defendants under residential surveillance meet the requirements for release on guarantee pending further investigation as provided for in Article 48 of these Norms, they shall apply for release on guarantee pending further investigation.

4. Where defense lawyers find that the public security organs, procuratorate's investigation departments, or investigators have the following illegal circumstances during the enforcement of residential surveillance at a designated location, they may submit an accusation to the procuratorate at the same level or the level above:

(1) Failing to notify the family members of the person under residential surveillance within 24 hours of carrying out residential surveillance at a designated location;

(2) Carrying out residential surveillance in places of detention or special case-handling venues;

(3) Extorting confessions, corporal punishment, or ill-treatment, or covert corporal punishment or ill-treatment of persons under residential surveillance;

(4) Other violations of the lawful rights or other unlawful conduct of the person under residential surveillance.

5. Where the legally prescribed period for residential surveillance of criminal suspects or defendants expires, lawyers shall submit a request to the corresponding people's courts, people's procuratorates, or public security organs for lifting residential surveillance.
Request for a change in detention measures

1. Where the legally prescribed period of detention for a criminal suspect in custody expires, the defense lawyer shall submit an application to the investigating organs for the release of the criminal suspect or modification of detention measures.

2. Where defense lawyers find that a detained criminal suspect meets the requirements for release on guarantee pending further investigation as provided for in Article 48 of these Norms, they shall apply for release on guarantee pending further investigation.

3. During the period when the people's procuratorate reviews and approves the arrest, the defense lawyer has the right to submit a request to the people's procuratorate to hear the defense opinion.

4. Where defense lawyers find that the criminal suspect does not constitute a crime, is not dangerous to society, is not suitable for detention, or has a criminal or criminal situation in investigative activities, he shall submit a written opinion to the people's procuratorate.

5. Where defense lawyers find that the criminal suspect has any of the following circumstances, they shall recommend that the people's procuratorate not approve the arrest:

(1) Those who are preparatory offenders, suspended offenders, or who have over-defended or over-avoided danger;

(2) First-time offenders with small subjective malignancy, accomplices or coercive accomplices in joint crimes, surrendering voluntarily after committing a crime, having meritorious performance, or actively returning stolen goods, compensating for losses, or truly showing remorse;

(3) Where a criminal suspect who commits a crime of negligence shows remorse after committing a crime, effectively controls losses, or actively compensates for losses;

(4) Where both the criminal suspect and the victim reach a settlement agreement in accordance with the relevant provisions of the Criminal Procedure Law, and upon review, it is found that the settlement is voluntary, lawful, and has been performed or guaranteed;

(5) The criminal suspect is a minor or student who has reached the age of 14 but not yet reached the age of 18, and has shown remorse in person, and his family, school, or community, residents' committee, or villagers' committee has the conditions for guardianship, assistance, or education;

(6) Elderly persons who have reached the age of 75 or above.
Request to change the arrest measures

1. Where defense lawyers find that an arrested criminal suspect or defendant meets the requirements for release on guarantee pending further investigation, the lawyer shall apply for release on guarantee pending further investigation.

2. After a criminal suspect is arrested, the defense lawyer may submit an opinion to the procuratorate on the review of the necessity of detention.

3. Where the legally prescribed period of detention for an arrested criminal suspect or defendant has expired, the defense lawyer shall submit an application to the corresponding people's court, people's procuratorate, or public security organ for the release of the criminal suspect or modification of compulsory measures.
Defense of the need for detention review

1. Lawyers may defend the arrested criminal suspect or defendant that there is no need for continued detention, and recommend that the case-handling organ release or modify compulsory measures.

2. In any of the following circumstances, an application shall be made to the procuratorial organ for a review of the necessity of detention: (1) There has been a major change in the evidence of the case, and there is no evidence to prove that there are criminal facts or that the criminal act was committed by the criminal suspect or defendant;

(2) Where the facts or circumstances of the case change, and the criminal suspect or defendant may be sentenced to short-term detention, public surveillance, independent application of additional punishment, exemption from criminal punishment, or judgment of innocence;

(3) Continuing to detain criminal suspects or defendants, where the period of detention will exceed the period of imprisonment that may be imposed in accordance with law;

(4) The facts of the case are basically ascertained, the evidence has been collected and fixed, and the requirements for release on guarantee pending further investigation or residential surveillance are met.
Marking

General Specification

1. From the date of review for prosecution, defense lawyers may consult, excerpt, or reproduce litigation documents and evidentiary materials related to the case.

2. From the date the case is transferred for review for prosecution, the defense lawyer or lawyer representing the case shall promptly contact the people's procuratorate's case management center to handle matters such as consulting, excerpting, and reproducing case file materials.

3. Case file materials include all litigation documents and evidentiary materials. In accordance with the provisions of relevant laws, where simultaneous audio and video recordings shall be made of the interrogation process, the defense lawyer or lawyer representing the case may request to consult and reproduce it in accordance with law.

4. The reproduction of case file materials may be by means of cd-ROM burning, copying, photography, electronic data copying, etc.

5. Defense lawyers shall follow the principle of comprehensiveness and objectivity in reading the case file, and shall ensure their accuracy and completeness when extracting or reproducing case file materials.

6. When reading the case file, defense lawyers should first read the litigation documents, understand the facts, evidence, charges, and applicable laws of the criminal suspect or defendant suspected of committing the crime, so that they can read the file file in a targeted manner.

7. After the defense lawyer obtains the case file materials, he must first check whether the file materials are complete. Then go through the file catalog to understand the types of evidence materials in the volume, and then read the materials in the volume extensively to understand the main content of the evidence materials and prepare for the reproduction of the materials.

8. Defense lawyers shall conscientiously study all case file materials, and may draft a record of reading the case file or a summary of the case file as needed by the circumstances of the case. When reading the case file, the following matters should be mainly understood:

(2) The time, place, motive, purpose, means, consequences, and other statutory or discretionary circumstances for which the criminal suspect or defendant is found to be suspected or accused of a crime;

(3) Facts and materials on the criminal suspect or defendant's innocence and lightness;

(4) Relevant circumstances such as the identity, qualifications or qualifications of witnesses, evaluators, and inquest recorders;

(5) Basic information such as the victim's personal information;

(6) Whether the legal formalities and litigation documents during the investigation and review of the prosecution period are legal and complete;

(7) The source of the appraisal materials, the appraisal opinions and reasons, and whether the appraisal institution has appraisal qualifications;

(8) The relevant circumstances of the criminal suspect or defendant in the same case;

(9) The authenticity, legality and relevance of the evidence, and the contradictions and doubts between the evidence;

(10) Whether the evidence can prove the facts of the suspected or alleged crimes identified in the indictment opinion or indictment;

(11) Whether there are circumstances of illegal evidence collection;

(12) In juvenile criminal cases, whether the legal representative or appropriate adult is present at the time of interrogation;

(13) The circumstances of sealing, seizing, freezing, and transferring the assets involved in the case;

(14) Other circumstances related to the case.

9. After the defense lawyer copies the case file materials, they should carefully and carefully read the case file materials, and if there are fewer case file materials, they can directly circle the key content on the copied materials. Where there are more case materials, a record of the reading of the case file shall be made.

10. Where a record of the examination of the papers is made, the following methods may be adopted:

(1) Excerpt Law: The content of excerpts includes the identity of the criminal suspect or defendant, the circumstances of compulsory measures taken, the facts of the allegations, the confession, the evidence, the nature of the case, and the basis for its determination;

(2) List method: The list method has a wide scope of application, and can be classified according to the needs of the case:

Index table: For cases with a large number of case evidence materials, an index table may be made, and the contents such as the file number, the name of the evidence, and the time when the evidence was obtained are listed in the index table to facilitate the search for evidence materials.

Classification table: For cases with many suspected criminal facts and many crimes, according to the needs of the case, different evidentiary materials can be classified and listed.

Comparison table: For the facts and circumstances of the case, the multiple confessions of the criminal suspect or defendant are inconsistent; the confession is inconsistent with the witness's testimony; and if there is an inconsistency between the witness's testimony, a cross-reference table may be used.

(3) Graphical method: For cases where the relationship between events or characters is relatively complex, the graphical method can be used to simplify the complex and clarify the thinking. The diagram method has many forms such as block diagram, line segment diagram, circle diagram, rectangular diagram, criss-crossing diagram and so on.

11. After reading the case file, the defense lawyer shall have an opinion on reading the case file, and the opinion on reading the case file shall include an analysis of the facts, evidence, characterization, application of law, and other aspects of the case.

12. Where people's procuratorates or people's courts refuse defense lawyers to read the case file, the defense lawyers shall try their best to communicate. Where after communication it is impossible to resolve and has already affected the defense lawyer's normal work, the lawyer may submit an appeal or accusation to the people's procuratorate at the same level or the level above.

13. Case file materials obtained by lawyers participating in criminal proceedings must not be provided to the criminal suspects, defendants' relatives, friends, or other units and individuals, and must not be disclosed to the media or the public without authorization.

Where defense lawyers' access, excerpts, or reproductions of case file materials are state secrets, they shall obtain the consent of the people's procuratorate or people's court and abide by state secrecy provisions. Lawyers must not violate provisions by disclosing or disseminating important case information and case file materials, or using them for purposes other than defending or representing the case.
Review of the case file at the indictment stage

1． During the review and prosecution stage, when defense lawyers read the indictment opinion, they focus on understanding the identity of the criminal suspect and the process of coming to the case, the facts and evidence ascertained by the investigation, the suspected crime, and the applicable law.

2． Where the procuratorate returns the case to the investigating organ for supplementary investigation during the review and prosecution stage, after the supplementary investigation is completed, the defense lawyer shall promptly go to the procuratorate to review and copy the evidentiary materials for the supplementary investigation.
Examination of the case file at the first instance stage

1． At the first instance stage, when a defense lawyer reads an indictment, he or she may compare the indictment with the indictment opinion to grasp whether there have been any changes in the facts, evidence, charges, and applicable law of the prosecution organ.

2． Although defense lawyers have already consulted, excerpted, and copied case file materials during the review and prosecution stage, they still need to consult, excerpt, and reproduce case file materials at this stage, focusing on reviewing the evidence materials collected by the procuratorate itself.
Reading the case file at the second instance trial stage

1． When defense lawyers read first-instance judgment documents at the second-instance trial stage, they should focus on understanding the facts identified in the first-instance judgment documents, the evidence accepted, the defendant's defense and defender's defense views, and the circumstances adopted by the first-instance people's court.

2． The case file materials at the second-instance trial stage include all the case file materials transferred by the people's procuratorate and the case file materials of the court of first instance, and the defense lawyer should pay attention to consulting the records of the first-instance trial to see if there is evidence that was not cross-examined at the first-instance trial and used by the court of first instance as conclusive evidence.
Examination of the death penalty review procedure

1． During the death penalty review stage, when defense lawyers read the judgment documents of the first and second instance trials, they focus on understanding the facts, charges, reasons for sentencing to death, and the applicable law.

2． At the death penalty review stage, there is no law that provides that defense lawyers may go to the people's courts to read the case file, and lawyers who have not served as defenders in the first or second instance may obtain case file materials through the following methods:

(1) Borrowing case file materials from the law firm where the original defense lawyer works through the law firm to which they belong;

(2) Strive to use the original people's court to consult, excerpt, or reproduce case file materials;

(3) Obtain case file materials through other lawful channels.
Investigate and collect evidence

General specifications for investigation and collection of evidence

1. There are two ways for defense lawyers to investigate and collect evidence:

(1) Defense lawyers apply to people's procuratorates or people's courts to collect or collect evidence, or apply to people's courts to notify witnesses to appear in court to testify;

(2) Defense lawyers conduct their own investigations and collection of evidence

2. Procedures for defense lawyers to apply for investigation and collection of evidence:

(1) Where defense lawyers apply to the people's procuratorate or people's court for the collection or collection of evidence, they shall submit it in writing, explain the reasons, and indicate the applicant's basic information, the content of evidentiary materials that need to be collected or collected, or the outline of issues that need to be investigated.

(2) The application for investigation and collection of evidence shall be made in duplicate, one copy to the people's procuratorate or people's court, and one copy to be retained by the law firm.

3. The basic procedures for defense lawyers to investigate and collect evidence on their own:

(1) Defense lawyers investigating and collecting evidentiary materials related to the case shall hold a law firm certificate and present a lawyer's practice certificate, which is generally conducted by two people.

(2) As needed for the case, defense lawyers to learn about the case, investigate and collect evidence, and verify evidence from witnesses who have already testified at the investigating organs or procuratorial organs, generally shall do so by applying to the people's court to notify the witness to appear in court, in the manner of accepting questioning in court. If witnesses are unable to appear in court to testify, when defense lawyers directly investigate and collect evidence from witnesses, they shall conduct it in strict accordance with law, and may make audio or video recordings of the evidence collection process, and may also collect witnesses' self-written testimony.

(3) When defense lawyers investigate or collect evidentiary materials, in order to ensure the authenticity of the evidentiary materials, they may invite personnel unrelated to the case to be present to witness them as necessary for the circumstances of the case.

4. Defense lawyers conducting investigations of witnesses shall make an investigation record. The investigation record shall clearly indicate the names of the investigator, the person being investigated, and the person recording, the time and place of the investigation, the identity information of the person under investigation, the requirements for witnesses to truthfully testify, an explanation of the legal responsibility for making false testimony or concealed criminal evidence, and the matters under investigation.

5. Defense lawyers drafting investigation records shall objectively and accurately record the content of the investigation, and review them with the person under investigation. If the person under investigation has any modifications or additions, they shall sign, seal or fingerprint the place of modification to confirm. After the investigation record has been checked by the person under investigation, he shall sign the record page by page and sign the opinion on the last page that the record is correct.

6. Defense lawyers making investigation records must not mislead or induce witnesses. The contents of the transcript must not be written in advance; the transcript of the criminal suspect, defendant, or other witness must not be read to the witness first; the witness must not testify on behalf of the witness; the content of the transcript must not be changed or added without authorization; the investigation and collection of evidence from different witnesses shall be conducted separately; and the relatives and friends of the criminal suspect or defendant must not be present during the investigation and collection of evidence.

7. Defense lawyers may apply to the people's procuratorate or people's court to collect or collect electronic evidence related to the case.

Defense lawyers may employ methods such as copying, printing, screenshotping, photographing, or video recording to collect, fix e-mails, electronic data interchange, online chat records, blogs, microblogs, WeChat, mobile phone text messages, electronic signatures, domain names, and other such electronic data, and record the time, place, location of storage of the original storage medium, source of electronic data, holder, and other such information as the reproduction, printing, screenshot, photography, or video recording, and when necessary, may retain a notary public to notarize the above process.

For electronic data present in the storage medium, the original storage medium should be collected whenever possible. Electronic data that exists in cyberspace can be obtained by the authority or fixed through notarization.
Investigation and evidence collection during the investigation phase

1. Defense lawyers enjoy the right to investigate and collect evidence in accordance with law during the investigation phase of a case.

2. During the investigation phase, defense lawyers may conduct investigations and collect evidence on issues related to the criminal suspect's absence from the crime scene, his or her not having reached the age of criminal responsibility, his or her mental illness who is not criminally responsible in accordance with law, and issues related to procedural procedures.

3. During the investigation phase, evidence collected by defense lawyers that the criminal suspect is not at the scene of the crime, has not yet reached the age of criminal responsibility, and is a mentally ill person who does not bear criminal responsibility in accordance with law, shall promptly inform the public security organs and attach a written defense opinion.

4. If defense lawyers discover other evidence or evidence leads favorable to the criminal suspect, they shall, after soliciting the consent of the client or the parties, submit it to the public security organ or submit an investigation recommendation to the public security organ in writing.
Review of investigation and collection of evidence at the prosecution stage

1. During the review and prosecution stage of a case, the defense lawyer may investigate and collect evidence on his own, or may apply to the people's procuratorate for investigation and evidence collection.

2. After the case is transferred for review for prosecution, if the defense lawyer finds that the evidentiary materials collected by the public security organs during the investigation to prove the criminal suspect's innocence or lightness of the crime have not been submitted, they may apply to the people's procuratorate to collect it from the public security organs.

3. During the review and prosecution stage, defense lawyers shall promptly inform the people's procuratorate of evidence collected by defense lawyers that the criminal suspect is not at the scene of the crime, has not yet reached the age of criminal responsibility, or is a mentally ill person who does not bear criminal responsibility in accordance with law, and attach a written defense opinion.

4. During the review for prosecution, when defense lawyers need to collect materials related to the case from the victims, their close relatives, or witnesses provided by the victims, they shall submit an application to the people's procuratorate, and only after obtaining the people's procuratorate's permission can they conduct an investigation and collect evidence.

5. When defense lawyers investigate and collect evidence, if they find that the evidence will have an adverse impact on the criminal suspect, they may stop the investigation.
Investigation and collection of evidence at the trial stage

1. During the trial phase, defense lawyers may investigate and collect evidence on their own, or they may apply to the people's court for investigation and collection of evidence.

2. During the trial phase, where defense lawyers find that evidentiary materials collected by public security organs or people's procuratorates during the investigation or review for prosecution to prove the criminal suspect's innocence or the lightness of the crime have not been transferred with the case, they may apply to the people's court for collection, and shall submit a written application and provide relevant leads or materials.

3. During the trial phase, when defense lawyers need to collect materials related to the case from witnesses provided by the victim or their close relatives or victims, they shall submit an application to the people's court, and after obtaining the people's court's permission, they may conduct an investigation and collect evidence, or apply to the people's court to investigate and collect evidence, or apply to the people's court for the victim to appear in court to testify.

4. When a defense lawyer collects or collects evidentiary materials related to the case from witnesses or relevant units or individuals, and the witnesses or relevant units or individuals do not agree, the defense lawyer may apply to the people's court for collection or collection, or apply to notify the witness to appear in court to testify.
Plea cases

1. When people's procuratorates handle criminal suspects admitting guilt and accepting punishment, lawyers shall ensure that criminal suspects receive effective legal assistance, ensuring that they understand the nature and legal consequences of admitting guilt and accepting punishment, and voluntarily admit guilt and accept punishment.

2. Lawyers shall provide legal assistance such as legal counseling, procedural selection suggestions, applications for modification of compulsory measures, and opinions on case handling for criminal suspects.

3. Lawyers may submit opinions to the procuratorial organs on the following issues:

(1) The facts and charges of the suspected crime, and applicable legal provisions;

(2) Recommendations for lenient punishments such as leniency, mitigation, or exemption from punishment;

(3) Procedures applicable to the trial of a case after admitting guilt and accepting punishment;

(4) Other matters that require hearing opinions.

4. Duties of the duty lawyer. Duty lawyers shall preserve the lawful rights and interests of criminal suspects or defendants, ensuring that criminal suspects and defendants voluntarily admit guilt and accept punishment when they fully understand the nature of the plea and the legal consequences. Duty lawyers shall provide the following legal assistance to criminal suspects or defendants who admit guilt and accept punishment:

(1) Providing legal advice, including informing of suspected or alleged crimes, relevant legal provisions, the nature of admitting guilt and accepting punishment, and legal consequences, and so forth;

(b) making recommendations on the application of procedures;

(3) Assist in applying for changes in compulsory measures;

(4) Submit opinions on the people's procuratorate's determination of the crime and sentencing recommendation;

(5) Submit opinions to the people's courts, people's procuratorates, or public security organs on the handling of the case;

(6) Guiding and assisting criminal suspects, defendants, and their close relatives in applying for legal aid;

(7) Other matters provided for by laws and regulations.
Trial defense
Preparations before the court

1. After the case is accepted, the defense lawyer shall promptly contact the criminal trial division of the people's court, present the lawyer's practice certificate, and submit the following legal formalities:

(1) A law firm letter;

(2) A power of attorney or an official letter of legal aid.

2. After reading the case file and meeting with the defendant, the defense lawyer shall make the following preparations for appearing in court for the defense:

(1) Whether to apply for recusal;

(2) Whether to apply for a closed hearing: For cases involving trade secrets, where the defendant requests a closed trial, the defender shall apply to the people's court for a closed trial;

(3) Collating evidence provided by defendants (including their close relatives), and deciding whether to conduct their own investigations and collect evidence;

(3) Whether to apply to the court to investigate and collect evidence;

(4) Whether they have applied for witnesses, evaluators, people's police, or persons with specialized knowledge to appear in court;

(5) Whether the application was made to exclude illegal evidence;

(6) Determine defense ideas and defense viewpoints, draft defense plans, including but not limited to the following:

Outline of questioning (including questioning defendants, co-defendants, victims, witnesses, expert evaluators, etc.);

Cross-examination outline (cross-examination opinion on the prosecution's evidence);

Outline of evidence (according to the list of evidence);

Defence Opinions and Defence Outline.

3. Where defense lawyers submit evidence to the people's court, they shall copy the investigation and collected evidentiary materials, and make a list of evidence catalogs, listing the name, source, facts to be proved, and number of pages, in triplicate, preferably five days before the opening of the trial or at the pretrial conference, and the original evidentiary materials shall be submitted to the court after cross-examination at the hearing.

4. After receiving the notice of the decision to open a trial, the defense lawyer shall meet with the defendant again, promptly communicate with the defendant the names, evidentiary circumstances, defense ideas, defense views, and other such circumstances of the collegial panel's composition, clerks, and prosecutors, inquire whether there is a need to apply for recusal, and inform the defendant of the trial process and precautions. Where the client is a close relative of the defendant, he or she may also communicate with the client.

When the defense lawyer's defense thinking or defense viewpoint is inconsistent with the defendant's opinion, the defendant's opinion shall be respected or the client's entrustment shall be lifted, and the defendant shall separately invite others to defend.

When the opinions of the two defense lawyers are inconsistent, the defendant's opinions should be respected when communicating.

5. Defense lawyers shall appear in court on time after receiving the notice of hearing, and where they are unable to appear in court due to any of the following circumstances, they shall promptly contact the people's court to apply for an extension of the hearing:

(1) Where major evidentiary leads are discovered and it is necessary to further investigate and collect evidence or apply for new witnesses to appear in court to testify;

(2) The date of hearing of the notice received conflicts with the date of hearing of other cases already received;

(3) There are other reasonable reasons for not being able to participate in the hearing on time;

(4) The circumstances of force majeure prescribed by law.

6. Where a defense lawyer applies for an extension of hearing, but is not approved, and is truly unable to appear in court, he shall consult with his client and properly resolve the matter.

7. Where a defense lawyer receives a notice of appearance in court until three days before the hearing, he or she has the right to request that the people's court change the date of the hearing, and if the people's court does not agree to change the date of the hearing, the defense lawyer has the right to submit an appeal or accusation to the people's procuratorate at the same level or the level above.

8. Where defense lawyers apply to the people's court to notify witnesses, evaluators, or inquest examiners to record the author's testimony in court, they shall make a list of the above-mentioned persons, indicate their identities, addresses, means of communication, and so forth, and explain the facts to be proved, and submit them to the people's court five days before the opening of the trial.
Pre-trial conference

1. After determining the time for the pretrial conference, defense lawyers shall separately draft the following materials, in triplicate, and submit one copy each to the people's court and people's procuratorate at the time of the pretrial conference:

(1) The defense lawyer intends to read out the list of evidence presented in court (see article 136 of this chapter);

(2) The list of applicants for the people's court to notify witnesses, evaluators, inquest examiners, relevant investigators, persons with specialized knowledge, and so forth, appearing in court to testify, including names, genders, ages, occupations, addresses, contact information, and the facts to be proved;

(3) If there is illegal evidence that needs to be excluded, it shall be separately listed, and the reasons, clues, and corresponding evidence that the defense lawyer believes should be excluded are attached.

If the adjudicators do not convene a pretrial conference, defense lawyers may submit the above materials to the people's court five days before the opening of the trial.

2. In any of the following circumstances, defense lawyers shall promptly communicate with adjudicators and recommend that adjudicators convene a pretrial conference:　

(1) Where there are objections to the jurisdiction of the case (including jurisdiction for investigation or review for prosecution);

(2) Where it is necessary to apply for the recusal of relevant personnel;

(3) It is necessary to apply for the collection of evidentiary materials collected by the investigating organs or people's procuratorates, but not transferred with the case to prove the defendant's innocence or guilt;

(4) Providing new evidence;

(5) Where there are objections to the list of witnesses, evaluators, or persons with specialized knowledge who appear in court;

(6) Where it is necessary to apply for the exclusion of illegal evidence;

(7) Applying for a closed hearing;

(8) Where the case is major and complex and has a major social impact.

3. After adjudicators decide to convene a pretrial conference, defense lawyers may, as appropriate, communicate with the defendant and adjudicators on whether the defendant participates in the pretrial conference.

4. During the pretrial conference, in addition to communicating with the judge or prosecutor undertaking the content of Article 143 of this Specification, the defense lawyer may also make necessary communication on the following contents:

(1) Introduce their basic defense ideas to adjudicators and prosecutors, and when necessary, may submit an outline for presenting evidence in advance;

(2) Relevant evidence and opinions that the prosecution and defense may conduct cross-examination of evidence through a pretrial conference;

(3) The time during which the hearing may last;

(4) Whether it is possible to pronounce a verdict in court;

(5) The challenge opinions that the defendant or defender may raise on areas such as case procedures, defects in evidence, and errors in the expression of the indictment;

(6) Other issues related to the trial.

5. Defense lawyers are to understand the facts, evidence, and disputes over the application of law and different opinions on the facts, evidence, and application of law of the case by participating in the pretrial conference, resolve relevant procedural issues, prepare for participation in court hearings, and revise the defense plan accordingly according to the pretrial conference, improve the cross-examination of evidence and the outline for presenting evidence.

6. Before trial, defense lawyers shall learn from the court about the circumstances of notifying witnesses, evaluators, and inquest examiners to record the author's appearance in court to testify. If any unannounced or uninformed circumstances are discovered, they shall be resolved in consultation with the Tribunal in a timely manner.

If it is truly necessary, the defense lawyer shall apply to the people's court for the president of the court to issue an order for the witness to appear in court
Defense at first instance

1. When handling the following public prosecution cases, defense lawyers recommend that defendants sincerely repent of their crimes and obtain forgiveness from victims by compensating them for losses, making formal apologies, and so forth. Explain to the defendant that for the defendant who has reached a settlement agreement, the people's court may waive or waive punishment for the defendant who has reached a settlement agreement. It is recommended that the defendant reconcile with the victim:

(1) Where, as a result of civil disputes, are suspected of committing a crime provided for in Chapters 4 and 5 of the Criminal Law Sub-Provisions, and may be sentenced to a penalty of not more than three years' imprisonment;

(2) Cases of negligent crimes other than crimes of dereliction of duty that may be punishable by a penalty of less than seven years' imprisonment.

Except where the defendant has committed an intentional crime within five years.

2. Where the victim dies, the defendant may reconcile with his close relatives. Where there are more than one close relative, a settlement agreement shall be reached with the consent of all close relatives in the same order of succession.

3. Where the victim is a person with incapacity or limited capacity, his legally-designated representative or close relatives may settle with the defendant on his behalf.

4. Defense lawyers handling criminal cases that can be settled during the trial phase shall recommend that the defendant and his close relatives reach a settlement with the injured party, and the people's court will preside over the drafting of a settlement agreement.

5. The settlement of criminal cases shall be voluntary and lawful. If a defense lawyer discovers that a previous settlement is not voluntary or legal, he may apply to the people's court to find the original settlement invalid, and strive to reach a new settlement with the opposing party, and the people's court will preside over the drafting of a settlement agreement.

6. Before the settlement agreement is signed, the defense attorney shall check whether the settlement agreement includes the following:

(1) The defendant admits to the crime he or she committed, has no objection to the facts of the crime, and sincerely repents;

(2) The defendant obtains the victim's forgiveness by making a formal apology to the victim, compensating for losses, or other such means; where compensation for losses is involved, the amount and method of compensation shall be indicated; where an attached civil action is initiated, the plaintiff in the attached civil action shall withdraw the attached civil action;

(3) The victim voluntarily reconciles and requests or agrees that the people's court give the defendant a lenient punishment in accordance with law.

Where both parties request confidentiality of the compensation losses in the settlement agreement, they may apply to the people's court to adopt corresponding confidentiality measures.

7. For cases where a settlement agreement is reached during the trial phase, the defense lawyer shall submit a recommendation for leniency to the people's court; for cases where the circumstances of the crime are minor, the defense lawyer shall submit a recommendation to the people's court for exemption from criminal punishment.

8. In the course of courtroom investigations, defense lawyers shall earnestly listen to the prosecutors, presiding judges' interrogations of defendants, and other defenders' questioning of defendants, make corresponding records, and promptly adjust the outline of questioning and defense ideas.

9. Where the methods and content of the defendant's interrogation or questioning by the public prosecutor or other defender have any of the following circumstances, the defense lawyer shall raise objections or challenge opinions:

(1) Clearly unrelated to the case;

(2) Repeatedly interrogating the defendant;

(3) Where it is clearly inducing or threatening or inducing the defendant, and the defendant is unable to respond positively;

(4) Where the defendant is clearly physically insulted;

(5) Preventing the defendant from defending;

(6) Other defense lawyers believe that objections or challenges should be raised in accordance with relevant laws.

10. After the public prosecutor interrogates the defendant and the victim and his or her lawyer questions the defendant, the defense lawyer may, with the judge's permission, ask the defendant questions. When defense lawyers ask questions of defendants, they shall indicate their identity.

11. When a defense lawyer asks questions of the defendant, it shall focus on the basic facts of the case. At the same time, we should try our best to avoid duplication of what the prosecutor and other defenders have already asked. If it is believed that the questions that the defendant has already answered are very important, and it is truly necessary to ask questions again, the angle of questioning shall be changed or adjusted.

12. Where the public prosecutor presents evidence other than the transferred evidence to the court, the defense lawyer shall submit to the court to review the evidence in court, and may make the following dispositions according to the specific circumstances:

(1) Where after reviewing evidence in court, it is convinced that the evidence will not affect their own defense thinking, they may submit cross-examination opinions in court;

(2) Where, after reviewing evidence in court, there are doubts about that evidence or may affect their own defense thinking, they shall submit an application to the court for an adjournment. In order to have sufficient time to review the evidence and make the necessary preparations for it.

13. Where the public prosecutor notifies witnesses or evaluators other than the transferred materials to appear in court, the defense lawyer shall submit an opinion to the court and request that the court be adjourned to make necessary defense preparations.

14. The defense lawyer shall cross-examine the written testimony of witnesses who did not appear in court read out by the public prosecutor from the following aspects:

(1) The reasons why the witness could not appear in court to testify and the impact on the case;

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

(3) Other content regulated by this section.

　　If the defense lawyer finds that it is truly necessary to cross-examine the witness's testimony in court, he shall apply to the court to notify the witness to appear in court to testify, or request that the witness's testimony be cross-examined through technical means such as video voice communication, or recommend that the court not accept the witness's testimony.

15. For witness testimony, cross-examination shall focus on the following aspects:

(1) The relationship between witness testimony and the facts to be proved;

(2) Whether the witness has an interest in the parties to the case and the outcome of the case;

(3) Whether the testimony of witnesses and between them and those of other evidence can corroborate each other, and whether there are any contradictions;

(4) Whether the content of the witness's testimony is directly perceived by the witness;

(5) The circumstances, conditions, and mental state of the witness when they perceive the facts of the case;

(6) The witness's perception, memory, and expression;

(7) Whether the witness's testimony has been interfered with or influenced by the outside world;

(8) Whether the witness's age and physical or mental defects are there;

(9) Whether the witness's testimony is inconsistent;

(10) Whether witness testimony was collected by violence, threats, or other illegal methods;

(11) Whether the procedures and methods for obtaining witness testimony comply with laws and relevant provisions;

(12) The reasons why witnesses cannot appear in court to testify and their impact on the case;

(13) Other circumstances where cross-examination is required.

16. Where defense lawyers have objections to the appraisal opinion, and the appraisal opinion has an impact on the defendant's conviction and sentencing, they may apply to the people's court to notify the expert evaluator to appear in court to testify.

For appraisal opinions, the focus shall be on cross-examination from the following aspects:

(1) Whether the evaluator has an interest in the case;

(2) Whether the evaluator has an interest in the defendant or victim;

(3) Whether the appraisal body and appraiser have legal qualifications;

(4) Whether the appraisal procedures, processes, and methods comply with the provisions of laws and regulations and the requirements of professional norms;

(5) Whether the source, acquisition, custody, and delivery of the materials for inspection comply with laws and relevant provisions;

(6) Whether the appraisal opinion is clear and whether the formal requirements are complete;

(7) Whether the appraisal opinion is related to the facts to be proven in the case;

(8) Whether there are any contradictions between the appraisal opinion and other evidence;

(9) Other circumstances where cross-examination is required.

17. For evaluators and appraisal opinions appearing in court, defense lawyers shall question and cross-examine evidence from the following aspects:

(1) Whether the appraisal body and appraiser have legally-prescribed qualifications;

(2) Whether the evaluator has the professional knowledge;

(3) Whether the evaluator has circumstances that should be recused;

(4) Whether the source, acquisition, custody, and delivery of the materials for inspection comply with laws and relevant provisions, whether they are consistent with the contents recorded in the relevant extraction records, lists of seized items, and whether the materials for examination are sufficient and reliable;

(5) Whether the formal requirements of the appraisal opinion are complete, whether the reason for initiating the appraisal, the appraisal client, the appraisal body, the appraisal requirements, the appraisal process, the appraisal method, the appraisal date, and other relevant content are indicated, and whether the appraisal body affixes a special seal for judicial appraisal and is signed and sealed by the appraiser;

(6) Whether the appraisal procedures comply with laws and relevant provisions;

(7) Whether the process and method of appraisal meet the normative requirements of relevant professions;

(8) Whether the appraisal opinion is clear;

(9) Whether the appraisal opinion is related to the facts to be proven in the case;

(10) Whether there are any contradictions between the appraisal opinion and other evidence such as inquests, inspection records, and relevant photographs;

(11) Whether the appraisal opinion was promptly informed of the defendant in accordance with law, and whether the defendant and defense lawyer had objections to the appraisal opinion.

Defense lawyers should synthesize the above aspects, promptly express opinions on the objectivity of the appraisal opinion and clarify the reasons, and if there is any objection, they should start a debate with the prosecution.

18. If the defense lawyer believes that a person with specialized knowledge should be applied to appear in court to support the defense lawyer's point of view, he shall submit an application to the court, and after obtaining permission, the person with the specialized knowledge shall put forward his opinion and give an opinion and debate on the expert opinion made by the expert evaluator.

19. For documentary evidence, the focus shall be on cross-examination from the following aspects:

(1) Whether the documentary evidence is the original;

(2) Whether there are signs of alteration or alteration of documentary evidence;

(3) The relationship between documentary evidence and the facts to be proved;

(4) Whether documentary evidence and other evidence can corroborate each other, and whether there are any contradictions;

(5) Whether copies or reproductions of documentary evidence are correctly checked with the originals, or are authenticated as true or otherwise determined to be true;

(6) Whether the source, procedures, and methods of collection of documentary evidence are lawful;

(7) Whether the documentary evidence has been damaged or altered;

(8) Whether all documentary evidence related to the facts of the case was collected;

(9) Whether documentary evidence extracted from inquests, inspections, or searches is accompanied by relevant records, and whether they are signed by investigators, holders, or witnesses;

(10) Other circumstances where cross-examination is required.

20. For physical evidence, the focus shall be on cross-examination from the following aspects:

(1) Whether the physical evidence is the original object;

(2) The relationship between physical evidence and the facts to be proved;

(3) Whether physical evidence and other evidence can corroborate each other, and whether there are any contradictions;

(4) Whether the source, procedures, and methods of physical evidence are lawful;

(5) Whether the physical evidence has been damaged or altered;

(6) Whether the collection of physical evidence is complete and comprehensive;

(7) Whether the photographs, videos, or reproductions of the physical evidence can reflect the appearance and characteristics of the original;

(8) Whether the physical evidence inspected, inspected, searched, or seized is accompanied by a list of relevant records, whether it has been signed by investigators, holders, or witnesses, and whether the name, characteristics, quantity, and quality of the items are clearly indicated;

21. For audio-visual materials, the focus shall be on cross-examination from the following aspects:

(a) the formation of audio-visual materials and the time, place and surrounding environment;

(2) Whether the source of the audio-visual materials and the extraction process are lawful, and whether the parties in the production process have been threatened or lured to violate laws and relevant provisions;

(3) Whether it is an original document, and whether the producer or the holder of the original audio-visual material has signed or sealed it;

(4) Whether the content and production process are true and complete, and whether there are forgeries, alterations, edits, additions or subtractions, and so forth;

(5) The relationship between the content and the facts to be proven;

(6) Whether the equipment for broadcasting audio-visual materials affects the playback effect, etc.;

(7) Where the audio-visual materials are copies, whether they are accompanied by an explanation of the reasons why the originals could not be retrieved, the process of making the copies, and the place where the originals were stored;

(8) Other circumstances where cross-examination is required.

22. Defense lawyers shall cross-examine electronic data materials such as e-mails, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, and domain names submitted by the public prosecutor from the following aspects:

(1) Whether it is transferred with the original storage medium; when the original storage medium cannot be sealed, is inconvenient to move, or should be kept, processed, or returned by relevant departments in accordance with law, whether the extraction or reproduction of electronic data is carried out by two or more people, whether it is sufficient to ensure the integrity of the electronic data, and whether there is a written description and signature of the extraction and reproduction process and the location where the original storage medium is stored;

(2) Whether the collection procedures and methods comply with laws and relevant technical specifications; whether electronic data collected through investigation activities such as inquests, inspections, and searches is accompanied by a record or list, and signed by investigators, electronic data holders, or witnesses; where there is no signature by the holder, indicate the reason; where electronic data is remotely retrieved from abroad or in a different place, indicate the relevant circumstances; and whether the specifications, categories, and file formats of the electronic data are clearly indicated;

(3) Whether the content of the electronic data is true, whether there are circumstances such as deletion, modification, or addition;

(4) Whether the electronic data is related to the facts of the case;

(5) Whether electronic data related to the facts of the case is comprehensively collected.

After the electronic data display, if the defense lawyer finds that the material is untrue, or has no relationship with the case, or there is contrary evidence that the data is forged, etc., the defense lawyer shall submit a recommendation and reason for requesting re-identification or examination, or suggest that the court should not accept it, the prosecution and defense may debate this, and the defense lawyer has the right to request the court to investigate and verify.

23. For inquest and inspection records, the focus shall be on cross-examination from the following aspects:

(1) Whether the inquest or inspection is conducted in accordance with law, and whether the production of the record complies with the requirements of the law and relevant provisions;

(2) Whether the content of the inquest or inspection record is comprehensive, detailed, accurate, and standardized;

(3) Whether the forms and methods of fixing evidence are scientific and standardized;

(4) Supplementary inspections and inspections to check whether the reasons are explained, and whether there are any contradictions before and after;

(5) Whether the circumstances recorded in the inquest or inspection records can be corroborated with other evidence, and whether there is any contradiction;

(6) Whether the inquest or inspection record has been signed or sealed by the inquest, inspectors, and witnesses;

(7) Other circumstances where cross-examination is required.

24. Defense lawyers shall cross-examine the transcripts of investigative experiments presented or read out by public prosecutors from the following aspects:

(1) Review the process and methods of the experiment, whether the record of the conditions, process, and results of the investigation is accurate, and whether the production of the record complies with relevant provisions;

(2) Whether the conditions on which the investigation experiment is based are consistent with the objective conditions at the time the case occurred;

(3) Review whether the facts and circumstances that occur in the course of the investigation experiment are objective.

If the defense lawyer finds that the conditions of the investigation experiment are obviously different from the conditions at the time of the incident, or the investigation experiment is not scientific, or there is a contradiction between the experimental record and relevant physical evidence, documentary evidence, witness testimony, and other evidence, he shall submit that the investigation experiment record cannot be used as the basis for a verdict.

25. For identification records, the focus shall be on cross-examination from the following aspects:

(1) Whether the identification was conducted under the auspices of investigators;

(2) Whether the person identifying the person has seen the object of identification before the identification or inquired in detail about the specific characteristics of the object of identification;

(3) Identify whether the activity was carried out separately;

(4) Whether the identification object or the number of objects complies with the provisions;

(5) Whether there are any circumstances in which the identifier is hinted upon or designated;

(6) Whether there is a standardized identification record;

26. After the prosecutor has completed his or her presentation of evidence, the defense counsel shall apply to the court to present evidence in his own party, and after obtaining permission, present evidence in accordance with the list of evidence submitted to the court.

Where the prosecutor raises a different opinion during cross-examination, the defense lawyer shall initiate a debate with the prosecution.

27. In the course of courtroom investigation activities, where defense lawyers discover that evidentiary materials collected by the investigating organs or people's procuratorates that can prove the defendant's innocence or the lightness of the crime have not been transferred to the people's court, they have the right to request the people's court to collect the evidentiary materials they have collected that can prove the defendant's innocence or lightness of the crime.

28. During the course of court hearings, defense lawyers have the right to apply for notification of new witnesses to appear in court, to collect new physical or documentary evidence, and to apply for a new appraisal or inquest.

29. After the presentation and cross-examination of each fact in the case is completed, the defense lawyer may issue a comprehensive cross-examination opinion.

30. Where, in courtroom investigation activities, there are cases that do not conform to the provisions of the law or are not conducive to ascertaining the facts of the case, the defense lawyer may make suggestions or objections in accordance with law.

31. After the accusing party has issued a complaint opinion, the defense lawyer shall issue a defense opinion with the permission of the presiding judge, and the defense opinion shall be made in response to the prosecution's allegations from the following aspects:

(1) Whether the facts are clear and whether the evidence is sufficient;

(2) Whether the conviction is correct and whether the applicable law is appropriate;

(3) Whether the litigation procedures are lawful;

(4) Whether there are legally prescribed or discretionary reasons for mitigating or mitigating punishments;

(5) Express opinions and reasons for the conviction and sentencing of the case.

32. When defending the accused's innocence, it should be carried out mainly from the following aspects:

(1) Where the defendant is not at the scene of the crime or has no time to commit the crime, the defendant cannot be found guilty;

(2) The evidence alleged by the prosecution proves that it was not committed by the defendant, and the defendant cannot be found guilty;

(3) The evidence alleged by the prosecution is insufficient, a complete chain of evidence has not been formed, and the defendant cannot be found guilty;

(4) Evidence provided by the prosecution or defence that can prove that the defendant is innocent in accordance with the law in the following circumstances:

(1) The circumstances of the defendant's conduct are obviously minor, the harm is not great, and it is not considered a crime;

(2) The defendant's conduct is lawful;

(3) The defendant did not commit the criminal act alleged by the prosecution.

(5) Other circumstances where the defendant is found to be innocent in accordance with law.

33. Where a defendant makes a lenient defense, the defense opinions mainly include the following:

(1) The subjective malignancy of the defendant's crime is relatively small;

(b) Playing a secondary or auxiliary role in the joint crime;

(3) Having mitigating circumstances such as voluntary surrender or meritorious service;

(4) Have a good attitude toward admitting guilt and show remorse;

(5) The defendant's physical condition is unsuitable for detention and the family needs care;

(6) Where there is no social danger in applying a suspended sentence and supervision has been implemented;

(7) It is not a crime of extreme seriousness and it is not necessary to carry out the death penalty immediately;

(8) Minors, persons who have reached the age of 75, pregnant women, or mentally ill persons cannot be sentenced to death;

(9) Minors, persons who have reached the age of 75, mentally ill persons, or deaf-mute persons are given mitigated or mitigated punishments.

34. If it is discovered that the trial procedure is illegal during the course of trial, the defense lawyer shall point it out to the court and request that it be corrected. If the court does not accept it, a written opinion shall be submitted in a timely manner after the adjournment of the court.

35. Where defense lawyers submit sentencing recommendations such as controlled release or probation of juvenile defendants, they shall fully collect written materials on the juvenile defendants' ability to obtain guardianship, assistance, and education, and that there is no major negative impact on the community in which they live, and submit them to the court.

36. After the adjournment of the trial, the defense lawyer shall promptly go through the handover formalities with the court regarding the evidence presented and read out in court.

37. After the adjournment of the trial, the defense lawyer shall sort out and improve the defense opinion as soon as possible, and submit it to the court.

38. After the first-instance judgment, within the appeal period, the defense lawyer may, according to the circumstances, visit the defendant to hear his opinion on whether the judgment is approved and whether to appeal, and give legal assistance to inform him of the provision that the "defendant's sentence shall not be increased" on appeal.

39. After the first-instance judgment is served on the defender, the defense lawyer shall preserve the corresponding materials such as legal documents, promptly conclude the case, sort out the corresponding materials for archiving, and submit them to the law firm for archiving.
Defence of summary procedure cases

1. Where a defense lawyer serves as a defender for a defendant in a public prosecution or private prosecution case, and if it is possible to apply the summary procedure, he shall explain to the defendant the legal provisions on the summary procedure and solicit whether the defendant agrees to apply the summary procedure.

2. The defense lawyer shall accept the following cases of defense:

(1) The facts of the case are clear and the evidence is sufficient;

(2) The defendant admits to the crime he or she committed and has no objection to the facts of the alleged crime;

(3) The defendant has no objection to the application of the summary procedures.

If the people's court does not apply the summary procedure, the defense lawyer shall request in writing to the people's court to apply the summary procedure.

3. If the people's court decides to apply the summary procedure in the following cases where the defense lawyer accepts the defense, the defense lawyer shall raise an objection in writing to the people's court and request that it be transferred to ordinary procedures:

(1) The defendant is blind, deaf, or mute;

(2) The defendant is a mentally ill person who has not completely lost the ability to identify or control his or her own conduct;

(3) Where there is a major social impact;

(4) Where some of the defendants in a joint crime case do not admit guilt or have objections to the application of the summary procedures;

(5) The defender makes a defense of innocence;

(6) Where the defendant admits guilt but upon review finds that it may not constitute a crime;

(7) Other circumstances where it is not appropriate to apply the summary procedures for trial.

4. Most of the cases in which the summary procedure is applied are criminal cases that can be settled. After accepting a case, the defense lawyer shall recommend that the defendant and his close relatives reach a settlement with the injured party, so as to obtain a lenient punishment from the court or be exempted from criminal punishment.

5. For the specific operation of the settlement agreement, see Articles 148 to 153 of Section 3 of this Specification.

6. The preparation and defense of the trial shall be the same as sections 1 and 3 of this chapter of this code.

7. In public prosecution cases where summary procedures are applied, the defense lawyer may cross-examine evidence with the public prosecutor and apply to the court to notify the witness to appear in court to testify; with the permission of the court, they may debate each other. Court investigations and court debates should focus primarily on charges, sentencing, and other contentious issues. After confirming that the defendant received the indictment before trial and having no objection to the facts of the crime alleged in the indictment, the defense lawyer lawyer shall use concise language to concisely and concisely express cross-examination opinions and defense opinions.

8． When handling cases applying summary procedures, defense lawyers discover the following circumstances during court trial, they shall recommend that the court suspend the trial and switch to ordinary procedures:

(1) The defendant's conduct may not constitute a crime;　　

(2) The defendant may not bear criminal responsibility;　　

(3) Where the defendant denies the facts of the crime charged in the indictment in court;　　

(4) The facts of the case are unclear or the evidence is insufficient;　　

(5) Other circumstances where the summary procedures should not or should not be applied.

9. In view of the fact that criminal cases in which summary procedures are applied may be pronounced in court, defense lawyers should try their best to submit defense opinions and communicate with the collegial panel before the trial, and submit a first draft of the defense statement to the people's court. Where there are amendments to the defense opinions, the revised defense opinions shall be submitted to the people's court in a timely manner after the end of the trial.
Second-instance defense

1. The defendant's defender may file an appeal with the defendant's consent. However, the defendant should be the appellant.

2. In order to understand the case as soon as possible, the defense lawyer of the newly accepted case in the second instance, if the defender of the first instance is a lawyer of the same law firm, may learn about the relevant circumstances of the case from the first-instance defense lawyer of the firm, request relevant materials, and the first-instance lawyer shall assist. If they are lawyers outside of our firm, to learn about the facts of the case and copy the file from the defense lawyer of the first instance, they must hold a special introduction letter for the lawyer's investigation, a power of attorney, and a lawyer's practice certificate, and request relevant materials from the lawyer at the first instance.

3. After accepting the entrustment, the defense lawyer may, at the request of the defendant and his close relatives, assist or write the appeal on his behalf.

4. The second-instance defense lawyer shall inform the defendant or his legally-designated representative or close relatives that in an appeal case where there is no counter-prosecution, the second-instance people's court must not increase the punishment imposed on the defendant.

5. The defense of a second-instance defense lawyer shall mainly be conducted on such aspects as whether the facts identified in the first-instance judgment (ruling) are clear, whether the evidence is truly sufficient, whether illegal evidence is excluded, whether leniency is determined, and whether the application of law is correct.

6. Where a second-instance case is not heard in court, the defense lawyer shall submit a written defense opinion to the court and may provide new evidence.

7. If the defense lawyer of the second-instance trial discovers evidence or clues favorable to the defendant (appellant), he shall conduct an investigation or apply to the second-instance people's court for an investigation.

8. Where defense lawyers have new evidence, or find that the facts of the first-instance judgment are unclear or the evidence is insufficient, they shall submit written opinions to the second-instance people's court and request that the second-instance people's court hold a hearing.

9. In cases where the second-instance trial decides to hold a hearing, and the defense lawyer finds that it is necessary to hold a pretrial conference, he may submit an application to the people's court and suggest that a pretrial conference be held.

10. In cases where the second-instance people's court decides to hold a hearing, the preparation and defense for the hearing shall be the same as above.

11. For cases where the law provides for settlement, second-instance defense lawyers shall try their best to promote reconciliation, or actively make compensation, obtain the victim's forgiveness, actively return stolen goods or compensation, and strive to obtain a lenient punishment.
Defence of death penalty review cases

1. Defense lawyers undertaking death penalty review cases shall separately go through the formalities for entrustment. And get in touch with the relevant divisions of the Supreme People's Court as soon as possible.

2. Defense lawyers undertaking death penalty review cases shall explain to the parties that there are risks such as not being able to meet with the defendant, failing to read the case file, or not being able to adopt defense opinions, and shall require the parties to provide relevant case materials on their own.

The parties should be explained that there are cases of the Supreme People's Court's legal documents not notifying the lawyer. Where the defendant and his close relatives wish to see the defendant, they are advised to request permission from the original first-instance people's court.

3. During the death penalty review, the defense lawyer may interview the defendant's close relatives and others to learn about the case.

4. Defense lawyers handling death penalty review cases shall conscientiously review the file materials, and focus on reviewing the following content:

(1) The defendant's age, whether the defendant has the capacity for criminal responsibility, whether she is a pregnant woman, and whether she is a person who has reached the age of seventy-five;

(2) Whether the facts identified in the original judgment are clear, and whether the evidence is credible and sufficient;

(3) The circumstances, consequences, and degree of harm of the crime;

(4) Whether the application of law in the original judgment is correct, and whether it is a situation that does not require immediate enforcement;

(5) There are circumstances where there is no possibility of determining or discretionary mitigating punishment;

(6) Whether the litigation procedures are lawful;

(7) Other circumstances that shall be reviewed.

5. During the death penalty review, the defense lawyer shall submit a written defense opinion to the collegial panel. Meet with members of the collegial panel to hear oral defense opinions, and after lawyers fully state their defense opinions, they shall also promptly submit written defense opinions to the collegial panel.

6. Where it is possible to meet with the defendant, when meeting with the defendant, the defense lawyer shall, in addition to verifying the relevant facts and evidence with the defendant,:

(1) Inform them that if there is a report or disclosure of a major case, and if there is meritorious performance, there is a possibility of a lenient punishment, and inquire whether they have reported or exposed. If there are circumstances of reporting or exposing, written materials shall be promptly formed and reported to the Supreme People's Court for investigation and verification;

(2) Understand the defendant's living situation in the detention center, ask whether to leave a message to the family, and so forth, and carry out humane comfort.

7. During the death penalty review period, if a defense lawyer discovers new or missing evidence of statutory or discretionary mitigating, mitigating, or exempting punishment circumstances, he shall promptly form written materials, provide them to the Supreme People's Court along with the evidence, and apply to the Supreme People's Court for investigation and verification.

8. In any of the following circumstances, lawyers shall promptly inform the defendant, his legally-designated representative, or close relatives of the relevant circumstances, and submit relevant written materials to the Supreme People's Court:

(1) There is new evidence proving that the facts identified in the original judgment or ruling are truly erroneous;

(2) Where the evidence on which conviction and sentencing is based does not meet the standards of reliability or sufficiency, or there is a contradiction between the main evidence proving the facts of the case;

(3) The facts ascertained in the original judgment are correct, but there are errors in the application of law, or the sentencing is improper, the death penalty shall not be imposed.
In handling cases of "sweeping away organized crime and eliminating evil forces," the following conduct must not exist:

1. Violating the provisions of the meeting;

2. Creating public opinion pressure, attacking or slandering judicial organs and the judicial system, interfering with the normal conduct of litigation activities, by means such as forming groups in tandem, signing joint signatures, publishing open letters, organizing online gatherings, expressing solidarity, or using the name of individual case studies;

3. Instigating, instigating, or organizing parties or other personnel to sit in sit-ins, hold up signs, play banners, shout slogans, or so forth, to disturb public order or endanger public safety;

4. Violating provisions to disclose or disseminate information or materials on cases that are not publicly heard, or important information or evidentiary materials about the case that the person or other lawyers learn of in the course of handling the case.

Source: Law Collection; Producer: Mr. Lee Yiu-fai

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