The whole network has been opened to protect rights and carry plagiarism reports
On July 1, lawyer He Zhijuan defended a suspected extortion case at the Yunyan District Court in Guiyang City, Guizhou Province. During the adjournment on 2 July, the prosecution added a new prosecutor to appear in court, and the defense requested to see and make copies of his notice of assignment.
Permission was granted at first, but the court refused after an adjournment. At this time, lawyer He noticed that the assistant was surrounded by several bailiffs, so he took out his mobile phone to take pictures and collect evidence, but was robbed of his mobile phone and pushed to the ground.
After lawyer He called the police, the police intervened in the investigation and fixed the evidence at the scene. But the bailiff insisted that she was not allowed to take pictures during the adjournment and confiscated her mobile phone. In response to this matter, the Yunyan District Court did not respond positively.
A number of criminal defense experts said that the prosecution added a new prosecutor, and the defense has the right to know his identity information and consult relevant certificates; During the adjournment, the courtroom audio and video recordings can be interrupted, and in the event of a dispute, the lawyer has the right to use his mobile phone to collect evidence; The bailiff does not have the right to exercise the power of the court session during the adjournment, and citizens have the right to properly exercise their right to film the illegal acts of the bailiff, and the bailiff does not have the right to delete videos or seize mobile phones.
Typical cases include: in June 2022, a female lawyer tried to take photos to collect evidence when a court adjourned, but was forcibly stopped by several bailiffs; In 2021, a lawyer was beaten while asking the bailiff about the situation during an adjournment. These incidents reflect irregularities in the administration of justice by the judicial police during the adjournment.
The bailiffs must bear in mind that they are not allowed to exercise their powers during the adjournment and that citizen photography is an exercise of the right. Public prosecution procurators' information disclosure shall be transparent.
The rights and interests of defendant lawyers need to be strengthened. Courts should take the initiative to publicly respond to public concerns and seriously deal with violations by bailiffs. By working together, the recurrence of such incidents can be avoided.
The Code of Criminal Procedure stipulates that citizens have the right to report violations; The Rules of Tribunal stipulate that audio or video recordings may not be made during a trial without permission, except during the adjournment period; The Provisions of the Supreme People's Court on the Judicial Police of the People's Courts Performing Their Duties and Powers in Accordance with Law make it clear that judicial police can only exercise their powers during court sessions. In summary, the lawyer's photographing and evidence collection during the adjournment is legal, and the bailiff has no right to delete or detain it.
Courts should earnestly implement the relevant provisions, and strictly manage the law enforcement authority of the judicial police in accordance with the time of court sessions and adjournments. The bailiffs should keep in mind their duties and authority, and must not enforce the law in violation of laws and regulations. Procurators' information is open and transparent, and lawyers' practice rights and interests need to be protected. All parties should view differences rationally, handle disputes in accordance with the law, and safeguard the dignity of the law.
Relevant departments should regularly carry out legal education and professional ethics training for judicial police, and strengthen operational training to ensure that they correctly understand and implement relevant provisions, and put an end to acts that exceed their authority. Courts should also strengthen legal training for judges and clerks so that they can accurately grasp the provisions on their powers and responsibilities during the adjournment. This is extremely important to avoid the recurrence of such disputes and to safeguard the authority and fairness of the judiciary.
Judicial police should establish a mechanism for pursuing responsibility for exceeding their authority in enforcing the law, and give disciplinary sanctions and administrative punishments. At the same time, it is suggested that the judicial supervision mechanism should be improved, and the internal and external supervision of the judicial department should be combined, and all sectors of society should participate in the formation of a system of power constraints. Ensure that bailiffs exercise their powers in strict accordance with legal procedures and regulations.
Parties, especially lawyers, should strengthen their legal study, accurately understand their rights during the adjournment, and take timely action to collect evidence when their rights are violated. At the same time, pay attention to legal rights protection, do not act excessively, and maintain good communication with relevant departments.
Good lawyer-judge, lawyer-procurator, and lawyer-bailiff relationships are conducive to safeguarding judicial authority, improving case-handling efficiency, and protecting the rights and interests of parties. Relevant departments should work together to look at differences rationally, respect each other, understand each other, and form a win-win situation of cooperation. This requires further improving the relevant legal system, strengthening the concept of law, and promoting judicial reform.
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