In Guizhou Province, China, the county government has mandated that lawyers must obtain government approval before changing the criminal charges against defendants in court. This move has raised concerns among lawyers.
According to a blog post published on Saturday by NetEase, the Judicial Bureau of Puan County in Guizhou Province directly issued notices to law firms, requiring lawyers to report to the public legal service department of the judicial bureau when handling cases related to recent government notifications on organized crime. Lawyers must obtain official approval before suggesting that a defendant’s alleged crime should be classified as a different offense.
This requirement has sparked worries among Chinese lawyers, who believe that government administrative bodies are trying to control how defense lawyers present their case in court.
The notice stated, “If the defense side wishes to change the legal classification of the crime, they must first report to the county judicial bureau and can only present the defense reasons after examination and approval. All law firms must strictly adhere to this regulation.”
Under the rule of the Communist Party in China, the judicial system is often weaponized to advance the interests of the regime and suppress dissenting voices.
Two lawyers practicing in China, who spoke anonymously to Epoch Times, expressed their concerns, only disclosing their surnames for fear of reprisal.
Human rights lawyer Mr. Zhang from Hubei Province stated that the county government’s requirement violates China’s criminal procedural law, infringing upon the defendant’s right to defense and the lawyer’s independence in practicing law.
Lawyer Zhang mentioned, “Lawyers should act independently in accordance with the law, free from any illegal interference by administrative authorities. Making government approval or consent a prerequisite for using defense arguments is tantamount to placing administrative approval above the law.”
China’s criminal procedural law stipulates that defense lawyers should submit materials and opinions regarding innocence, lesser offenses, or mitigating or exempting criminal liability based on facts and the law. However, the notification from Puan County requires lawyers to wait for the judicial bureau to “research and approve” before presenting such defense arguments.
Human rights lawyer Mr. Liu from Beijing told Epoch Times that the government views this requirement as crucial in its crackdown on organized crime because lawyers may question evidence or specific charges by the prosecution.
“In mainland China, the more authorities prioritize combating organized crime, the more necessary it becomes for lawyers to challenge the evidence and the nature of the crime,” he said.
Mr. Liu pointed out that if administrative bodies can screen out defense arguments they do not approve of, the trial may essentially only reflect the prosecution’s narrative, depriving the defense of a voice.
“The ‘crackdown on organized crime’ initiated by the Communist Party and other special campaigns have clear political tasks for local officials. This reflects that local authorities are abandoning judicial fairness, which will lead to more miscarriages of justice,” he remarked.
This requirement from Puan County is not the first of its kind in Guizhou Province. According to a 2015 report by official Chinese media outlet “The Paper,” the Judicial Bureau of Zunyi City issued a regulation at the end of 2014 requiring lawyers to report cases where they intend to seek acquittal for defendants or change criminal charges. However, this regulation was revoked after lawyers submitted complaints to the government.
The requirement in Puan County goes a step further, explicitly stating that if lawyers wish to change the legal classification of a crime, they must wait for the county judicial bureau to “research and approve” before presenting defense arguments in court.