China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Requires Full Coverage of Lawyer's Defense in Criminal Cases

Wed, 23 Nov 2022
Categories: China Legal Trends

Full coverage of lawyer’s defense in criminal cases means that the government and the judicial authorities must ensure that criminal suspects have their own lawyers from the point on which they are allowed by the law to entrust defense lawyers.

On 12 Oct. 2012, China’s Supreme People’s Court (SPC), the Supreme People’s Procuratorate (SPP), the Ministry of Public Security, and the Ministry of Justice (MOJ) issued the “Opinions on Further Deepening the Pilot Program of Full Coverage of Lawyer’s Defense in Criminal Cases” (hereinafter the “Opinions”, 关于进一步深化刑事案件律师辩护全覆盖试点工作的意见).

The Opinions stipulates that the government and judicial authorities must provide defense lawyers for the criminal suspects without lawyers immediately during the period of examination and prosecution by procuratorates.

Criminal proceedings in China include three stages: the investigation stage by public security organs, the examination and prosecution stage by procuratorates, and the trial stage by courts.

In October 2017 and December 2018, the SPC and the MOJ respectively issued policies to provide lawyers for defendants without lawyers at the trial stage.

This policy further proposes that procuratorates should also provide lawyers for the criminal suspects at the stage of examination and prosecution.

The lawyers provided by the government and judicial authorities are mainly those designated by legal aid agencies and duty lawyers stationed at judicial authorities.

 

 

Cover Photo by ce xu on Unsplash

 

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.

SPC Releases Typical Cases on Tourism Disputes

In September 2024, China's Supreme People's Court (SPC) released five typical tourism dispute cases, including health rights disputes caused by wild monkey attacks in Mount Emei, to guide courts in resolving common tourism conflicts and safeguarding tourists' legitimate rights and interests.

China Regulates Network Data Security

China's newly adopted “Regulation on Network Data Security Management”, effective January 1, 2025, seeks to standardize data processing, strengthen personal information protection, and tackle issues such as data security, risk assessments, and personalized profiling.

Beijing & Shanghai Unveil Low-Altitude Economy Plans

Beijing and Shanghai have announced plans to develop the low-altitude economy, aiming to grow the industry to CNY 100 billion and CNY 50 billion respectively by 2027, with a focus on aerial rescue, logistics, and passenger transport.

SPC Releases Typical Antitrust Cases

In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.